Penn Health System Removes Employment Suit to Federal Court

Last week, a suit brought by a former employee against University of Pennsylvania Health System was removed from Camden County, New Jersey state court to the federal equivalent. The plaintiff claims that she was wrongfully terminated from her position.

The original complaint stated that the “Defendant failed to engage in the interactive process with plaintiff, failed to reasonably accommodate Plaintiff’s disability, retailed against plaintiff for requesting an accommodation in violation of the LAD, and unlawfully terminated Plaintiff’s employment in retaliation for utilizing medical leave under the FMLA.”

According to the complaint, the plaintiff suffers from fibromyalgia which would make it difficult to work at a computer typing; because of this condition she ended up developing bilateral carpal tunnel syndrome. 

The plaintiff said she went on to have surgery to help with these injuries, and asked for intermittent medical leave in accordance with the Family and Medical Leave Act (FMLA).

After returning to work the plaintiff asked for “speak to type” system which would allow the plaintiff to work without the need to type. This request was purportedly denied, and she was then terminated from her position.

The defendant is facing 7 different counts, failure to engage in the interactive process in violation of the New Jersey law against discrimination, failure to accommodate disability, retaliation in violation of New Jersey law against discrimination, interference with or denial of plaintiff’s right to take leave, and equitable relief.

The plaintiff is being represented by Law Offices of Eric A. Shore