PHILADELPHIA – A woman is suing her employer, following her termination, claiming that she was punished because of her daughter's medical condition.
Molly R. Holmes filed a complaint on Nov. 16 in the U.S. District Court for the Western District of Pennsylvania against Dr. Gertrude A. Barker Center Inc., alleging that the company violated the Americans with Disabilities Act, the Family and Medical Leave Act, and the Pennsylvania Human Relations Act.
According to the complaint, Holmes, the mother of a child with disabilities, was hired by the defendant on Dec. 18, 2013, for the position of mental health specialist. In February, the plaintiff took an FMLA leave of absence in order to care for her daughter's medical complications, the complaint states. According to Pennsylvania law and the ADA, Holmes was permitted to take the time off, however, the defendant claimed that it was not permitted and allegedly demoted Holmes from her position. In March, the plaintiff says she was terminated. Holmes is suing her employer, purporting that the action was in violation of the ADA.
Holmes is seeking compensation for all legal fees and financially related complications. She is represented by Timothy M. Kolman, Wayne A. Ely and W. Charles Sipio of Kolman Ely, PC in Penndel.
U.S. District Court for the Western District of Pennsylvania Case number 1:15-cv-00275