KM&A Files Lawsuit Against The Summit School
FOR IMMEDIATE RELEASE
Employee Files a Complaint against The Summit School, LLC. for Disability Discrimination
Employee with severe back problems required light duties on the job, but his employer failed to uphold the accommodation and allowed harassment.
Pittsburgh, PA, June 20, 2017 – Kraemer, Manes & Associates LLC “KM&A” has filed a complaint for disability discrimination against The Summit School, LLC., for the Western District of Pennsylvania.
Plaintiff has suffered from chronic lower back pain for the past 14 years. Two years after starting work with The Summit School, Plaintiff further injured his back while lifting a heavy object, causing him to require surgery a few months later. The HR department granted Plaintiff FMLA leave for his surgery for a month, and when Plaintiff called to inquire about returning to work, Plaintiff was told that he had exhausted his FMLA leave. Meanwhile, the FMLA offers eligible employees up to three months of unpaid, job protected work leave. Plaintiff’s employer wrongly deprived him of this right to leave.
Plaintiff’s doctor ordered him to restrict his work to light duties, which limited lifting weight and standing or sitting time. In response, The Summit School assigned Plaintiff to van patrol. Plaintiff’s coworkers mocked his injuries and threatened him for having light duties.
In direct contradiction to Plaintiff’s medical restrictions, The Summit School re-assigned Plaintiff to fire patrol, which required Plaintiff to navigate 40 steps a total of 21 times during his shift. Of course, this work exacerbated Plaintiff’s injury. Near the end of his shift, Plaintiff contacted his supervisor and informed him of his intolerable back pain. His supervisor did not respond.
Due to the pain, Plaintiff visited his doctor, who advised him not to work for a few days. Plaintiff complained about the harassment, but he received no response from any of the management. When Plaintiff returned to work, he received the light duty assignment of van patrol, but the van assigned to him was sub-standard with broken power steering, broken seats, and broken arm rests. Plaintiff requested a different van, but his request was denied with the excuse that none were available. However, a van in better condition sat in the parking lot throughout Plaintiff’s shifts. After trying yet again to resolve the problem without any response, Plaintiff resigned from his job. Clearly, The Summit School discriminated against Plaintiff’s disability by not offering suitable accommodation.
Full text of this complaint, as filed with the District Court for the Western District of Pennsylvania, is available at docket no: 2:17-cv-00627-MRH
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.