In a striking legal battle that highlights the ongoing challenges faced by employees with disabilities, a former payroll lead has filed a lawsuit against her previous employer, alleging wrongful termination and discrimination. Kimberley Rushlow, the plaintiff, filed the complaint in the United States District Court for the Southern District of Texas on November 23, 2025, accusing Woodforest National Bank of violating both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
Rushlow’s journey with Woodforest began in June 2017 when she was employed as a payroll lead at their office in The Woodlands, Texas. Her performance was exemplary until May 2025 when she was diagnosed with breast cancer—a condition recognized as a disability under federal law due to its impact on major life activities. Following her diagnosis, Rushlow promptly informed her manager at Woodforest about her condition. However, instead of receiving support or accommodations as required by law, she experienced what she describes as increased scrutiny and hostility from her employer.
The lawsuit details how Rushlow requested to work from home as an accommodation—a practice previously permitted—but was denied without any interactive process from her manager Chris Johnson. Subsequently, Rushlow applied for FMLA leave on June 18, 2025, to manage her treatment schedule. Shockingly, less than a week later on June 23, she was terminated from her position. Ironically, it wasn’t until July 1 that she received notification that her FMLA leave had been approved retroactively.
Rushlow contends that Woodforest National Bank’s actions were not only discriminatory but also retaliatory in nature. She argues that these actions violated the ADA by failing to accommodate her disability and unlawfully interfering with her rights under the FMLA. “Defendant engaged in discriminatory practices with malice or reckless indifference,” states Rushlow’s complaint.
As part of her lawsuit, Rushlow seeks several forms of relief including back pay for lost wages and benefits, front pay if reinstatement is not feasible, compensatory damages for emotional distress and loss of reputation, punitive damages for malicious conduct by Woodforest National Bank, and coverage of all legal fees incurred during this litigation process.
Represented by attorney Joshua A. Verde from The Verde Law Firm PLLC based in Houston, Texas—Rushlow is determined to hold Woodforest accountable for their alleged unlawful conduct. The case has been assigned Civil Action No. 4:25-cv-05641 in front of a jury trial demand.
Source: 425cv05641_Kimberley_Rushlow_v_Woodforest_National_Complaint_Southern_District_of_Texas.pdf
