Gloria Parker Oct. 9, 2015, 11:41am


A Pennsylvania woman is suing her Wisconsin-based former employer for alleged discrimination violations after she was terminated from her job.

Kim Shank of Royersford filed a suit Sep. 24 against Fiserv Inc. in the U.S. District Court for the Eastern District of Pennsylvania, citing violations of the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family Medical Leave Act and the Pennsylvania Human Relations Act.

According to the complaint, on May 16, 2007, Kim Shank was hired by the defendant as a quality analyst at Fiserv's King of Prussia location. In October 2012, Fiserv Inc. hired four quality analysts in the plaintiff’s department. Upon information and belief all four hired were in their 30s and are Indian, according to the complaint. The defendant allegedly treated the younger, non-American, non-disabled employees more favorably than it treated Kim Shank, who is 57 and American, the complaint states.

On Jan. 14, 2014, Shank was involved in a serious car accident, requiring multiple surgeries and leaving her disabled. She took an FMLA leave of absence, the complaint states. On March 19, 2014, the she returned to work from her leave. The next day, she received a phone call stating that she was being terminated as a result of a layoff that occurred on Feb. 19, 2014. A letter later received stated that she was eliminated due to reorganization, the complaint states. The plaintiff was allegedly the only employee terminated in her department as well as the only employee terminated on March 20, 2014. The October 2012 hires were not affected by the layoff.

Shank seeks damages for pain and suffering, emotional upset, mental anguish, humiliation, loss of life’s pleasures, and the costs of suit, expert fees, and reasonable attorney fees. She is represented by Kevin Console of the Console Law Offices of Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number: 2:15-cv-05319.

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