PITTSBURGH – A longtime special education teacher says she was fired by Pittsburgh school authorities last August, while convalescing from a series of serious ankle injuries she sustained in three separate falls.
Stacy Serenari of Washington County filed suit in the U.S. District Court for the Western District of Pennsylvania on Dec. 23 versus Pittsburgh School District, of Pittsburgh.
“Plaintiff worked for defendant as a special education teacher for close to 20 years. On or about Dec. 11, 2016, plaintiff fractured her right ankle in a fall at her home and was taken to the hospital. Upon her return from the hospital, plaintiff called Holly Ballard, Arlington Elementary School Principal. The next day, plaintiff went to an orthopedist and texted Ballard to provide her with an update,” the suit says.
“Ballard instructed plaintiff to check with Joy Porter, School Secretary, regarding paperwork for medical leave. Plaintiff faxed defendant a request for leave of absence completed by her doctor. Plaintiff’s request advised that she would need to remain out of work for approximately six weeks, beginning on Dec. 11, 2016, and pending plaintiff’s progress at her next orthopedist appointment.”
Serenari’s suit labeled her as a disabled female, and the injury impacted her major life activities including but not limited to walking and standing.
“In early January 2017, Ballard emailed plaintiff and advised that she would be able to work from home as she recovered. A short time later, after receiving permission from Ballard, plaintiff stopped by her classroom and picked up papers to grade. On or about Jan. 31, 2017, plaintiff’s doctor faxed return-to-work paperwork to defendant, advising that plaintiff would be able to return to work on Feb. 2, 2017 and would need to wear a protective boot,” per the suit.
“On or about Feb. 1, 2017, Annie Reckhouse, Workforce Management Specialist, called plaintiff and informed her that she was not allowed to return to work in a protective boot, despite the fact that wearing a boot in the workplace would be a reasonable accommodation that would not create an undue burden on defendant.
Since the school did not permit Serenari to return to work with a boot, she scheduled ankle surgery for April 2017 and remained out from work for the rest of the 2016-2017 school year.
Just before returning for the 2017-2018 school year, Serenari fell and re-injured her right ankle. After another leave of absence, Serenari returned on Jan. 9, 2018, but fell for a third time in May 2018, this time injuring her left ankle.
Despite this third fall, Serenari worked the entirety of the 2018-2019 school year. Doctors recommended surgery on her left ankle, which she scheduled for June 2019, after the school year ended.
“Following her surgery plaintiff took an approved medical leave to attend to her disabilities. Throughout her leave plaintiff remained in contact with defendant and provided updates on her disability,” the suit states.
“As the start of the 2020-2021 school year approached, due to her disability in August 2020, defendant forced plaintiff to separate her employment. Plaintiff has been damaged by defendant’s illegal conduct. Plaintiff has had to retain the services of undersigned counsel and has agreed to pay said counsel reasonable attorneys’ fees.”
For counts of disability-based discrimination and retaliation in violation of both the Americans with Disabilities Act of 1990 and Pennsylvania Human Relations Act, the plaintiff is seeking back wages and back benefits found to be due and owing at the time of trial, front pay, compensatory damages, emotional distress damages in an amount to be proved at trial, punitive damages, liquidated damages and pre-judgment interest thereon, costs and an award of reasonable attorneys’ fees (including expert fees), any other and further relief as this Court deems just and proper, plus a trial by jury.
The plaintiff is represented by Gary Martoccio of Spielberger Law Group, in Tampa, Fla.
The defendant is represented by Brian P. Gabriel of Campbell Durrant, in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01994
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com