PHILADELPHIA — A Penn Medicine worker alleges he was forced to resign in retaliation for requesting medical leave and accommodations.
Thomas Lemon filed a complaint March 31 in the U.S. District Court for the Eastern District of Pennsylvania against the University of Pennsylvania Health System doing business as The Trustees of the University of Pennsylvania and Penn Medicine alleging violation of the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA).
Lemon, according to his suit, began working for the defendants at various facilities in September of 2016 as a plumbing, maintenance and HVAC worker. He claims that in the spring of 2021, he was diagnosed with Type 1 Diabetes which effects his endocrine functioning and limits his ability to work. He further claims he required to use an insulin pump along with other medication and that on Oct. 27, 2021, he suffered a fainting spell at work and became unconscious before he could inject himself with his medication.
Lemon alleges that his supervisor took pictures of him while he was unconscious with medication in his hand and instead of getting him immediate medical aid, the supervisor, while smirking, accused Lemon of sleeping on the job. Lemon further alleges he was forced to sign a resignation letter which was called a "termination/constructive discharge." He also alleges he was never given proper notice of his right to take FMLA and that his termination was retaliation for his requesting medical accommodations.
Lemon seeks monetary relief, trial by jury and all other just relief. He is represented by Ari Karpf and Christine Burke of Karpf, Karpf & Cerutti PC in Bensalem.
U.S. District Court for the Eastern District of Pennsylvania case number 2:22-CV-01239-MMB