By Hailey Konnath

Law360 (December 16, 2020, 10:03 PM EST ) A U.S. Department of Defense contractor allegedly fired a disabled Navy veteran and experienced technician after she requested accommodations to keep her safe during the COVID-19 pandemic, according to a suit lodged in Nevada federal court Wednesday.

After beginning active duty with the Navy in 1991, Diana Franklin held many roles, including one as a manager at the Naval Air Station Fallon in Nevada, she said in her complaint. At the base, she was relied on for working with, fixing and maintaining the software and hardware for complex aircraft systems, according to the suit.

Franklin had developed bronchitis and sinusitis as a result of deployments in the Middle East, conditions that put her at an elevated risk for complications stemming from COVID-19, she said. But when she asked her bosses at Engineering Support Personnel Inc. — a private company that had taken over a DOD contract at the base — to implement safety measures or allow her to work from home, they refused, she claimed.

Franklin said she repeatedly offered to take an unpaid leave of absence to stay safe during the pandemic, telling her direct supervisor at one point that she could die if exposed to the virus. A day later, on April 2, she was fired.

Her employer said her firing was because she had been unprofessional in an interaction with a pilot. She was also accused of showing up late for her shift, spraying "an unknown mixture of alcohol" onto a flight simulator and leaving work early, she said.

All those reasons were bogus, Franklin said Wednesday.

"Franklin alleges she was terminated because she expressed an urgent need for an accommodation for her disability," according to the suit.

What actually happened, Franklin claimed, is that near the end of March, a pilot and his child entered Franklin's office without masks, coughing near her. Franklin said she asked the pilot if he'd been tested for COVID-19 and he got angry. He and his son then used the flight simulator, and as they were walking out, Franklin cleaned some of the surfaces they had touched, according to the suit.

"ESP terminated Franklin almost immediately after her request for accommodation," she said. "Franklin's request for accommodation was the cause in fact and the proximate cause of her termination."

Franklin is alleging discriminatory termination in violation of the Americans with Disabilities Act. She's seeking unspecified damages, attorney fees and court costs.

According to the suit, Franklin is highly skilled in aviation electrical, electronic and hydraulic computer repair and software systems. Franklin served in the Navy from 1991 until she was honorably discharged in 2015. While deployed in the Middle East, she developed a number of medical issues, including bronchitis and sinusitis, she said.

"Franklin must take extreme precautions and medication to safeguard against respiratory hazards as she has great difficulty breathing during an asthma or bronchial episode," per the suit.

In 2014, just before she was discharged, a former colleague recruited her to work with him at LB&B Associates Inc., a private defense contractor that contracted with the Naval Air Station Fallon, Franklin said. That colleague assured her that her disabilities would be accommodated in the new position, she said.

Ultimately, her time at LB&B was a success, she said, adding that she won several safety awards and secured multiple raises.

In the spring of 2019, Engineering Support Personnel won the contract over LB&B, and Franklin had to reapply for her position. She was offered a promotion and a raise, and her duties remained largely the same, she said.

"Then came COVID-19," she said.

As the pandemic ramped up, Franklin repeatedly asked her bosses about safety precautions, particularly those to mitigate possible exposure for high-risk employees, she said. But her direct supervisor — the colleague who had recruited her — only seemed annoyed and didn't provide a response, per the suit.

On several different occasions, Franklin said she asked if she could take leave — even if it would be unpaid — so she could stay safe. Her bosses ignored her requests, she said, and she was terminated on April 2.

Engineering Support Personnel and counsel for Franklin didn't immediately respond to requests for comment Wednesday.

Franklin is represented by Terri Keyser-Cooper.

Counsel information for Engineering Support Personnel wasn't immediately available Wednesday.

The case is Diana Franklin v. Engineering Support Personnel Inc., case number 3:20-cv-00698, in the U.S. District Court for the District of Nevada.

--Editing by Daniel King.

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