Employee with a Disability Fired after Gaining Certification for Return to Work after Leave.
FOR IMMEDIATE RELEASE
Employee Files Lawsuit against Reading Hospital for Disability Discrimination
Andrew accepted a position with Reading Hospital as a certified pharmacy technician in July 2008. He suffers anxiety, chronic depression, and learning disabilities, but despite these disabilities, Andrew could always perform the job tasks assigned to him.
Around 2015, the pharmacy department initiated a new policy that required all employees to learn all the tasks within the pharmacy. In September 2016, Andrew shared that he was assigned to the I.V. room. Upon this assignment, Andrew let his supervisor know about his impairments, reassuring the supervisor that he was capable of learning but would require more time. According to Andrew, his supervisor did nothing to ensure that Andrew received this accommodation.
During the I.V. training, Andrew was pleased when his trainers told him that he was accurately performing the tasks. He recalled that his trainers also told him that accuracy was more important than speed. But when Andrew’s supervisor reviewed him, the supervisor allegedly told him that he wasn’t moving quickly enough and that Andrew had three weeks to improve. At the beginning of the third week, Andrew shared that he was completely removed from the I.V. room schedule so he never had the chance to improve.
Andrew requested FMLA leave in October 2016 for his ongoing disabilities. By January 2017, Andrew had exhausted his FMLA leave, but he still took an extended leave to handle his disabilities. To return to work, Andrew completed a certification program and received clearance to return to work in three weeks. He submitted the certification to the secretary and HR representative. A few days later, Andrew met with the HR rep to confirm that she had received his certification and asked that the paperwork be sent to the head of the pharmacy department. Two weeks before Andrew was to return to work, the HR rep and the department head called Andrew and terminated him, effective the day Andrew had hoped to return to work.
Since his supervisor refused to allow him extra time for learning the tasks in the I.V. room and Andrew required FMLA leave for his disabilities, Andrew suspects that his termination was prompted by his impairments. Now a client of KM&A, Andrew is fighting for his employee rights. KM&A advocates on the behalf of employees like Andrew who have faced termination due to a disability and use of FMLA.
Full text of this complaint, as filed with the District Court for the Eastern District of Pennsylvania, is available at docket no: 5:18-cv-00953-EGS
Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.
NOTICE: All information contained in this statement comes from the Complaint which has been filed as a public record with the court. As dedicated civil rights attorneys, we strongly believe in the public value of telling our clients’ stories: violators can be held accountable, and other silent victims can feel empowered to stand up for their legal rights. Although we make every attempt to verify our clients’ claims, note that the defendant is expected to oppose our client’s position, and the court has not ruled one way or the other as of the date of this statement.