Pennsylvania Record

Monday, January 27, 2020

Worker alleges deliberate disability violations

By Carol Ostrow | Jun 17, 2015

Penn easterndistrict federal courthouse

PHILADELPHIA - A man with health difficulties is suing his former company, alleging multiple violations of federal and state employment law.

Stanley Kieffer of Morrisville filed a lawsuit June 4 in U.S. District Court for the Eastern District of Pennsylvania against CPR Restoration & Cleaning Service of Philadelphia, alleging violations of disability law culminating in his 2014 job loss.

According to the complaint, Kieffer, a nine-year CPR employee, worked as a supervisor and suffers from disabilities including Crohn’s disease, diabetes and COPD, which occasionally affected his ability to work. The suit states when Kieffer experienced flareups in summer 2013, causing him to take intermittent days off, his employer began to treat him with animosity and never advised him of his Family Medical Leave Act rights.

The lawsuit states Kieffer was refused reasonable accommodation for a shoulder injury sustained while at work, which in turn caused him to miss more work time. After he applied for Workers’ Compensation benefits and took an authorized medical leave of absence September-November 2013, the suit states, Kieffer was terminated. The suit says another individual had been hired for his position while he was on approved leave.

The complaint states Kieffer filed with the EEOC in November 2013, and that CPR rehired him in January 2014, assigning him to its Brooklyn, N.Y., location and promising reimbursement for moving expenses. The suit says when Kieffer refused to withdraw his EEOC charge, the company again threatened to terminate him and reneged on its reimbursement offer. Kieffer maintains he felt forced to resign as he could not afford moving expenses.

The plaintiff alleges CPR discharged him due to his disabilities, workers’ compensation claim, and/or in retaliation for requesting accommodations.

Kieffer seeks punitive damages, compensatory back and front pay and benefits, interest, attorney fees and court costs. He is represented by attorney Ari Karpf of Karpf, Karpf & Cerutti in Bensalem.

U.S. District Court Eastern District of Pennsylvania case number 2:15-cv-03048-WB.

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