HR director wins suit against state agency for disability discrimination

The director of human resources for the state’s Department of Health and Senior Services obtained more than $1 million in damages after a jury found the agency discriminated against her for having depression.

Plaintiff Carrie Andres, represented by Julianne Germinder, Joanna Trachtenberg and Deidre Wood of TGH Litigation in Columbia, worked in her position for several years.

A new administration took control of the agency amid Andres’ struggle with depression, for which she took Family Medical Leave (FMLA). When Andres returned to work, she was still approved for part-time FMLA and was supposed to transition back into her position on a part-time schedule, Germinder said.

“They didn’t actually do anything to make that work,” Germinder said. “They basically gave her all of her old job responsibilities, which was, of course, a full-time job, plus she had two people who were leaving and weren’t going to be in the office, and so she had to take on their roles.”

At a time when Andres most needed grace, the agency showed little interest in accommodating her disability and instead, piled both work and scrutiny onto Andres, Germinder said. At the same time, she was not supported in the supervision of her employees and co-workers began to gossip about her mental health.

Ultimately, the agency forced Andres out of her job and onto long-term disability.

“There’s a state regulation that relates to long term disability,” Germinder said. “That state regulation says when somebody receives long term disability, that they are deemed resigned unless — and then there’s an exception — and the exception was if they’re on medical leave of the type described.”

Because Andres was on FMLA, she should not have been deemed “resigned,” Germinder said. Instead, she qualified for the exception and should have been given additional leave and time to return to her job.

The case boiled down to a hostile work environment, Germinder said.

When attorneys for Andres questioned the individual responsible for investigating Andres’ employment at the agency, this person admitted to failing to look at the regulation or exception and claimed she followed the advice of the agency’s attorneys.

“It was really a situation where they failed to even look at their own policies and regulations and rules and follow what it required, what they were required to do to help that employee,”  Germinder said.

At trial, Germinder said she expected the state to claim Andres did not have a disability. Instead, the state claimed the case was about disability performance and Andres’ alleged inability to do her job.

Overall, the trial lasted seven days, and the jury returned with a 9-3 verdict in favor of Andres on both the hostile work environment and the disability discrimination claims, Germinder said.

“There was actually an interesting twist in that they initially on the hostile work environment count, came back with $0 in actual damages, but yes on punitive damages,” Germinder said. “And so, because that’s an inconsistent verdict, the judge had to instruct the jury that they needed to go back. And they were given a new verdict form for the inconsistent verdict, and for them to deliberate further.”

On both counts, they found $350,000 in punitive damages, Germinder said. In total, Andres obtained a judgment of $1,069,558.

The state would not comment on this case and has filed a motion for a new trial.

Amount of verdict, judgment or settlement: $1,069,558

Type of action: Disability Discrimination

Venue: Cole County Circuit Court

Case Number/Date: 19AC-CC00232 / 11/24/2025

Judge: Daniel R. Green

Injuries: Loss of employment

Last Pretrial Demand: $295,000

Last Pretrial Offer: $0

Caption: Carrie Andres v. Missouri Department of Health and Senior Services

Plaintiffs’ Attorneys: Julianne Germinder, Joanna Trachtenberg and Deidre Wood, TGH Litigation, Columbia.

Defendants’ Attorneys: Kelli Reichert & Scott Bower, Missouri Attorney General’s Office.