U.S. District Court in Philadelphia
PHILADELPHIA - A Philadelphia man who was allegedly injured in the course of his work is suing his former employer, alleging violation of employment law.
Keith Roselle of Philadelphia filed a lawsuit June 8 in U.S. District Court for the Eastern District of Pennsylvania against Bryn Mawr Hospital, alleging discrimination and retaliation in violation of the American with Disabilities Act and the Family Medical Leave Act.
According to the complaint, Roselle, who started working as a sterile processing and distribution technician for the hospital in 1975, injured his right shoulder in the scope of his employment in October 2009 while pushing a cart. Although this limited many of his daily activities, he was still capable of performing the essential function of his job with or without reasonable accommodation, the suit says.
The lawsuit states Roselle took leave under FMLA to have surgery for the injury in January 2010 and when he attempted to return to work in a light duty capacity in mid-April 2010 he was informed that his restrictions were unacceptable and that he should return in a week when the doctor removed the restrictions.
When Roselle returned a week later in a full duty work capacity, the complaint states, he was told his position wasn't available anymore and he had one year to find another hospital position. Roselle contends he applied for positions but was never hired and was constructively discharged/terminated.
The suit says the defendant's actions violated the American with Disabilities Act, which states an employee with a disability must be given reasonable accommodations (such as being placed in a vacant position) unless an employer can prove it would cause an undue hardship. The plaintiff alleges the defendant neither gave him accommodations nor showed that doing so would result in hardship.
Roselle seeks compensatory and punitive damages, attorney fees and costs, and other relief deemed appropriate by the court. He is represented by attorney Thomas More Holland of the Law Offices of Thomas More Holland in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number: 2:15-cv-03280-JP.