Former dietary worker sues over failure to transfer position to new company

By Jon Campisi | Jan 30, 2012

A woman who claims her job position was eliminated while she was out on pregnancy leave has filed a federal job discrimination lawsuit against her former company.

In her lawsuit against Carrington Place of Chestnut Hill LLC, Philadelphia resident Tamika Favor alleges that she was the only holdover employee not rehired in February 2008 after her former employer opted to enter into a food service agreement with an outside agency.

Favor began working as a dietary cook at the now-defunct Springfield Residences in 1999. That business later became Carrington Place of Chestnut Hill, which provides long-term care and other services to nursing home residents.

Carrington Place and Chestnut Hill Rehabilitation Hospital are named as the defendants in the civil suit, which was filed Jan. 25 at the U.S. District Court for the Eastern District of Pennsylvania by Philadelphia attorney Kevin I. Lovitz.

The lawsuit states that Favor requested a leave of absence from January 2008 to April 2008 to deal with complications related to her pregnancy, a request that was subsequently granted.

The following month, company management decided to outsource the food service and housekeeping departments at what was then Springfield Residences to a third-party company.

Affected employees were expected to be transitioned to the third party, the lawsuit claims.

A food service agreement with Healthcare Services was signed in mid February 2008, the suit states. The agreement supposedly stated that the defendant was expected to provide the third-party company with a list of employees identified as being able to be terminated.

Favor, who was out on medical leave at the time, was never informed that she was listed on the chopping block, the suit claims.

The complaint alleges that Favor was discriminated against, since all other non-pregnant employees were rehired by the third-party company.

“The Plaintiff believes and therefore avers that the Defendant discriminated against her because of her sex, female, and pregnancy, by discharging her from her position as Dietary Leader and by failing to transfer her to her new employment opportunity with Healthcare Services in accordance with the terms of the Food Service Agreement,” the lawsuit states.

The lawsuit contains counts of gender and pregnancy discrimination.

Favor seeks lost wages and benefits, compensatory and punitive damages in excess of $150,000 and other court relief.

A jury trial is being demanded.

The federal case number is 2:12-cv-00407-RB.

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