Disabled Employee Allegedly Called “Too Slow,” Denied Accommodation, Transferred between Departments, and Terminated.

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Employee Files Lawsuit against East Penn Manufacturing Company for Disability Discrimination

Jose received a job offer from East Penn Manufacturing Company as a material handler. A deformity in his left hand limited Jose’s ability to grasp, pull, carry, or do two-handed activities. However, with the reasonable accommodation of more time for tasks, Jose carried out his duties well. So well in fact, that his supervisor suggested that Jose make a bid for an open position that came with a higher salary.

When Jose received the open position that was basically the same in duty as his previous position, he was transferred to a different department. Almost as soon as he began working in this new position, Jose shared that he was routinely told that he was “too slow.” And according to Jose, an HR representative pulled him aside to chastise him for performing his duties too slowly. Almost as soon as he began working in this new position, Jose shared that he was routinely told that he was “too slow.”In response to these comments, Jose reminded them about his serious health condition, and he requested the reasonable accommodation of being given a different position that would not require any two-handed work.

Jose’s request was denied. The company informed him that he did not have the right certification to hold that position, but Jose wondered at this answer since he knew of another employee who held that same position without the “required” certification. In the meantime, Jose was continually transferred throughout the company. According to Jose, he suffered threats of termination and unending jokes about his hand deformity.

Finally, Jose made a complaint to an HR representative about the ongoing discriminatory treatment towards him. Soon after making his complaint, Jose shared that he was suspended and then terminated for allegedly threatening a coworker. Jose never threatened another employee so he believes that his suspension and termination occurred due to his disability and his complaint of disability discrimination.

As a client of KM&A, Jose is standing up for his employee rights and challenging the disability discrimination that he experienced at East Penn Manufacturing Company. No employee deserves this treatment. KM&A represents employees like Jose who face workplace harassment, discrimination, and termination due to their disability.

 

Full text of this complaint, as filed with the District Court for the Eastern District of Pennsylvania, is available at docket no: 5:17-cv-05671-JFL

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.

For more information about this case, contact Attorney Jonathan Chase at 215-475-3504 or at jwc@lawkm.com.

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.