Carol Ostrow Nov. 11, 2015, 12:46pm


A New Jersey man is suing a gaming and entertainment corporation on charges of disability and age discrimination, in violation of the Americans with Disabilities Act, Age Discrimination in Employment Act, Pennsylvania Human Relations Act, and Family and Medical Leave Act in his 2014 job loss.

James Gallagher of Pennsauken, N.J., sued Greenwood Gaming and Entertainment Inc., doing business as Parx Casino in Bensalem, Pa., in the U.S. District Court Eastern District of Pennsylvania on Oct. 13, claiming wrongful termination in December 2014.

According to the complaint, Gallagher, employed as a player service representative for Parx Casino for approximately four years, suffered from numerous health problems, qualifying him as an individual with disabilities.

The suit states that the plaintiff, despite limitations on manual labor and occasional time off, was able to perform his job well. Gallagher asserts that following absences due to a series of small strokes he experienced on or about May 11, 2014, he submitted medical documentation to support FMLA intermittent leave, but rather than approve or deny his request, the defendant instead terminated him on or about Dec. 11, 2014, when he declined a transfer to a “less favorable” position.

Alleging that he performed his job adequately, Gallagher argues that the defendant denied his requests for accommodations; and that Parx Casino terminated him because of his disabilities, in retaliation for requesting accommodations, and because of his age (60).

Claiming that he was treated with animosity, the plaintiff seeks back and front pay with full benefits, reinstatement, and seniority; liquidated or punitive damages for emotional distress; attorneys’ fees, and court costs. The plaintiff is represented by Ari Karpf of Karpf, Karpf & Cerutti in Bensalem.

U.S. District Court Eastern District of Pennsylvania 2:15-cv-05575-MSG

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