HARRISBURG — A manager is suing Elmcroft of Dillsburg, a former employer, citing alleged disability discrimination, retaliation, and wrongful termination.
Denise Krizan of Middletown filed a complaint on April 13 in the U.S. District Court for the Middle District of Pennsylvania against Elmcroft of Dillsburg, alleging that the former employer violated the Pennsylvania Human Relations Act.
According to the complaint, the plaintiff alleges that, in September 2014, she informed her supervisor Darlene Kalamuris that she required shoulder surgery and would need six weeks of medical leave to recover from fainting spells. Approximately three days after requesting a medical leave of absence, Kalamuris suspended her pending the results of an investigation regarding an alleged inappropriate relationship with a contractor, which was later found to be untrue, the suit says. Upon the plaintiff's return, the defendant began monitoring her work and disciplining her for errors, the suit says. On or around December 9, 2014, three days before the plaintiff was to begin her leave of absence to undergo and recover from her surgery, defendant fired her because of alleged poor work performance, the suit claims. The plaintiff holds Elmcroft of Dillsburg responsible because the defendant allegedly failed to provide her with a reasonable accommodation, failed to engage in an interactive process and terminated her because defendant perceived her as suffering from a disability.
The plaintiff requests a trial by jury and seeks compensation for loss wages, liquidated and punitive damages, all other equitable and legal relief as the court may deem just, proper, and appropriate. She is represented by Richard S. Swartz, Matthew D. Miller and Justin L. Swidler of Swartz Swidler LLC in Cherry Hill, New Jersey.
U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00611-JEJ