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Senior care facility accused of ADA violation, discrimination

PENNSYLVANIA RECORD

Saturday, December 28, 2024

Senior care facility accused of ADA violation, discrimination

Discrimination 05

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HARRISBURG – A former manager is suing her former employer over a claim she was fired due to her disability and their refusal to provide her a reasonable accommodation at the workplace.

Denise Krizan filed a lawsuit on April 13 in the U.S. District Court for the Middle District of Pennsylvania against Elmcroft of Dillsburg alleging violation of the Americans with Disabilities Act and the Pennsylvania Human Relations Act.


Elmcroft hired Krizan as manager on or about February 17, 2014, and in or around August 2014, she received a performance and occupancy bonus for exceeding the goals set by management, according to the claim.

The suit says that in or around September 2014, she began to experience fainting spells, and around that same time she told management that she would require shoulder surgery and would need six weeks of medical leave.

On or around Dec. 9, 2014, three days prior to the date set to begin her surgery, she was fired, according to the claim, because of what she says were untrue allegations poor work performance.

Krizan is seeking liquidated damages and punitive damages, as well as awarded damages for emotional distress and/or pain and suffering.

Krizan is being represented by Richard Swartz of Swartz Swidler, L.L.C. in Cherry Hill, N.J.

U.S. District Court for the Middle District of Pennsylvania Court Case number 2:16-cv-00611-JEJ

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