Former employee claims Samaritan Caregivers violated ADA

By Jenie Mallari-Torres | Dec 19, 2018

HARRISBURG — A former employee is suing Samaritan Caregivers LLC, a Pennsylvania corporation, citing alleged disability discrimination, failure to uphold Americans with Disabilities Act (ADA) regulations, and retaliation.

Tracey Smallwood filed a complaint on Dec. 6 in the U.S. District Court for the Middle District of Pennsylvania against Samaritan Caregivers LLC, alleging the Pennsylvania corporation breached its duty of good faith and fair dealings.

According to the complaint, the plaintiff alleges that on Aug. 14, 2017, she sustained a work-related injury to her left shoulder during the course and scope of her employment, and was later diagnosed with a torn rotator cuff. However, plaintiff was immediately terminated following her injury and filing a claim for Workers' Compensation benefits, the suit says.

The plaintiff holds Samaritan Caregivers LLC responsible because the defendant allegedly denied plaintiff’s request for reasonable accommodations including light-duty work, and terminated plaintiff for filing a claim for workers' compensation benefits.

The plaintiff requests a trial by jury and seeks judgment against defendant to compensate, reimburse and pay benefits, punitive damages, equitable and legal relief, costs and expenses of action,. She is represented by Christa Levko of Kraemer, Manes & Associates in Philadelphia.

The U.S. District Court for the Middle District of Pennsylvania Case No. is 18-cv-02334.

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