A Cumberland County resident brought allegations against her employer, alleging employment law violations in 2013.
Kathy L. Scatena of Shippensburg sued Perini Services/Southampton Manor LP d/b/a Shippensburg Health Care Center (SHCC) in the U.S. District Court Middle District of Pennsylvania on May 7 alleging disability discrimination and wrongful termination in November 2013.
Hired by the defendant as a part-time certified nursing assistant in 2012, Scatena is classified as an individual with a disability, having a condition which affects her hearing and talking. The suit states that she was able to perform her essential job functions.
According to the filing, when the plaintiff was offered full-time hours in August, her employer refused to include health insurance although other workers were extended the benefit. Additionally, SHCC allegedly issued her a written warning after her doctor stated she should only work 8 hours daily.
While aiding a resident in October 2013, Scatena injured her knee. The filing states that the defendant rejected her claim for worker’s compensation; suspended her on or about Nov. 3, 2013, purportedly to investigate the injury and due to alleged resident complaints; and terminated her on Nov. 5, 2013. The complaint argues that other employees experiencing similar injuries and criticisms were not suspended or discharged.
Citing wrongful termination; ADA and Pennsylvania Human Relations Act infringements; and disparate treatment, Scatena requests lost wages and benefits; reinstatement; attorneys’ fees, and court costs. The plaintiff is represented by Keith Kendall of Scaringi & Scaringi in Carlisle.
U.S. District Court Middle District of Pennsylvania Case 1:15-cv-00889-CCC