Caesars disciplined bipolar server for medication side effect, ADA lawsuit alleges

Then, she says, things changed fast. 

On June 1, 2024, the suit alleges, General Manager Russell Deavers pulled her aside and reprimanded her for failing to appear cheerful and for “lacking emotion” while serving a patron. Dargin says she explained, on the spot, that her medication affects her facial expressions. Deavers, the filing claims, told her it “did not matter.” No customer had complained. 

A week later, on June 8, she received a formal write-up for the same moment. The suit says Caesars first tried to classify it as a Tier 2 offense — the kind that can trigger immediate termination — and only stepped it down to Tier 1 after Dargin pointed out she had a clean record. Even so, the Tier 1 action came with disciplinary points, pushing her closer to the 10- or 12-point threshold that, under company policy, can end in termination. 

Shortly after that write-up, Dargin says, the flexible-scheduling arrangement she had relied on simply vanished — no warning, no explanation. HR Supervisor Montee Miller allegedly told her that from then on, she would have to call out for an entire shift any time her disability kept her from arriving on time. Each call-out, the suit notes, carries its own attendance points and costs her hours of pay. 

When Dargin and her psychiatrist resubmitted the same paperwork that had worked the first time, Caesars called it “ambiguous,” according to the filing, and asked the doctor to cap her restrictions at three months. Her psychiatrist wrote “unknown,” citing the unpredictable nature of bipolar disorder. On September 16, 2024, the suit says, HR and corporate representatives told her none of her requested accommodations would be honored.