Jon Campisi Apr. 1, 2014, 8:15am


A middle-aged suburban Philadelphia woman who worked as a radiologic

technologist for a city healthcare facility has filed a lawsuit claiming she was let go from her job because of her age and then replaced by younger workers.

Paulette Petri-Mitchell, of Springfield Pa., is suing Shriners Hospital for Children over claims that she was fired in early August 2013 because of her age.

The 53-year-old plaintiff began her employment with Shriners as a radiologic technologist in 2008 through a staffing agency, the record shows.

The defendant hired the woman the following year as a per diem radiologic technologist, a position she held until her Aug. 3, 2013 termination.

Early last year, a supervisor hired two per diem employees as radiologic technologists, both of whom were substantially younger and less experienced than the plaintiff, the complaint states.

After hiring the two new employees, the radiology manager, identified as William Roman, reduced the plaintiff’s hours and “preferentially” assigned available hours to the two new younger employees rather than to Petri-Mitchell despite the woman’s seniority and qualifications superior to those of the new hires.

Roman, who is not a party to the litigation, but is singled out by name in the complaint, continued this practice until he stopped assigning the plaintiff hours last summer, the lawsuit states.

The complaint further says that in early August of last year, Petri-Miller submitted an application when a full-time radiologic technologist position became available at Shriners.

On that same day, Roman allegedly informed the plaintiff that he had already scheduled interviews with others for the position, including a younger radiologic technologist already working in the department.

Petri-Miller later learned that a 23-year-old woman was hired for that job.

The decision not to interview the plaintiff for the full-time position constituted age discrimination, the suit states.

“These acts were part and parcel of a course of discriminatory conduct towards Plaintiff by Shriners …,” the complaint reads.

The defendants actions, the suit states, constituted a “willful violation” of the federal Age Discrimination in Employment Act.

“Plaintiff has no plain, adequate, or complete remedy at law to redress the wrongs alleged and is now suffering and will continue to suffer irreparable injury from her treatment by Defendant unless Defendant is enjoined by this Court,” the complaint states.

Petri-Miller seeks back pay, front pay, unspecified compensatory damages, attorney’s fees, injunctive relief and costs.

She is being represented by Hamilton, N.J. attorney Thaddeus P. Mikulski, Jr., who filed the suit in U.S. District Court in Philadelphia on March 28.

 

The federal case number is 2:14-cv-01861-MSG.

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