Waitress sues Throndale restaurant, alleging disability discrimination

By Kasey Schefflin-Emrich | Aug 26, 2015

A Coatesville woman is suing a Thorndale restaurant, alleging discrimination based on her disability while she was employed there and also failing to comply with a settlement agreement.

Melissa McLimans filed a lawsuit July 20 in U.S. District Court for the Eastern District of Pennsylvania against Happy Days Family Bistro in Thorndale , alleging violations of the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Pennsylvania Human Relations Act and the Pennsylvania Wage Payment and Collection Act.

According to the complaint, McLimans worked for the defendant as a waitress for a little more than a decade. The suit states that during her employment she suffered from psoriasis. Although it didn't interfere with her job duties, the filing alleges the defendant never met with McLimans to discuss if any possible accommodations should be made with regards to her disability. Moreover, McLimans was harassed by supervisors about her condition, the lawsuit states.

The suit says McLimans was constructively discharged from her employment in summer 2013 after the defendant changed her shift to one where she couldn't work due to family responsibilities. The defendant had changed McLimans' shift due to a customer's complaint about her disability, the lawsuit states.

Following the discharge, McLimans filed a discrimination complaint against the defendant which resulted in the two parties reaching a settlement in which the defendant agreed to pay McLimans $6,500. The civil action says as of July 10, the defendant has failed and refused to pay McLimans.

McLimans seeks reinstatement, back and front pay, compensatory and punitive damages, attorney fees and court costs. She is represented by attorney Leo A. Hackett of the Law Offices of Leo A. Hackett in Media.

U.S. District Court for the Eastern District of Pennsylvania case number: 2:15-cv-04014-GJP.

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