PHILADELPHIA – The case brought by five female employees against their employer, claiming he engaged in sexual harassment and discrimination due to physical disabilities, has been given an administrative closing by a federal judge.

Subsequent to a settlement conference on Feb. 14, an order from U.S. District Court Judge Cathy Bissoon rendered the case closed, pending final execution of the settlement arrangement from all parties concerned. Tentative settlement terms were not disclosed.

“Following today’s settlement conference, the above captioned action has been tentatively settled. The parties still need to execute the settlement document and resolve other related contingencies. It appears that there is no further action required by the Court at this time. It is, accordingly, hereby ordered that the Clerk mark the above captioned case administratively closed; that nothing contained in this order shall be considered a dismissal or disposition of this action, and that should further proceedings therein become necessary or desirable, either party may initiate the same in the identical manner as if this order had not been entered,” Bissoon’s order read.

“It is further ordered that the Court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including, but not limited to, enforcing settlement,” the judge’s order concluded.

Plaintiffs Donna Mackie, Brittany Fullard, Kaitlyn Wieczorek, Allysa Griffie and Libby Eber filed a complaint on Dec. 21, 2015 in the U.S. District Court for the Western District of Pennsylvania against Scott Medical Health Center P.C., alleging sexual harassment and violations of the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA).

Per the complaint, the plaintiffs all reported on one or more occasions of being violently harassed and approached in a sexual manner, so much so that it caused them “distress and trauma.”

The plaintiffs’ complaint states their supervisor, Robert McClendon, frequently touched the women in unsolicited and sexually provocative ways. When the plaintiffs made it clear that attention was not welcome, the defendant allegedly made threats against them.

The complaint states that McClendon’s behavior was reported, but he was not disciplined in response and that his alleged behavior was “a violation of multiple laws.”

A tentative settlement was agreed to by the parties in this case as a result of the conference on Feb. 14, though court documents show it has not yet been finalized. The District Court continues to have jurisdiction over the case while that process is ongoing.

The plaintiffs are represented by Edward A. Olds and Jaimie L. George of Olds, Russ & Associates, plus Jacob M. Simon, James B. Lieber and Thomas M. Huber of Lieber Hammer Huber & Bennington, all in Pittsburgh.

The defendant is represented by Charles H. Saul and Kyle T. McGee of Margolis Edelstein, also in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania case 2:15-cv-01682

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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