PHILADELPHIA – A chaplain with a gastrointestinal condition has settled litigation claiming she was discriminated against in her workplace because of that very same condition.
Cookie A. Magee of Aston first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on May 28, 2020, versus Delaware County, in Media.
Magee was hired by Delaware County as a spiritual chaplain. When hired, she was assigned to Fair Acres Nursing Home – after submitting to a medical examination at the request of defendant, which revealed that she has a disability for which she has permanent gastrointestinal tubes implanted in her body.
On Jan. 8, 2018, Magee was hospitalized because of an immediate need to replace a gastrointestinal tube. She then called Cynthia Borrelli, Director of Social Services at the nursing home to inform her of the hospitalization.
Magee was hospitalized for a week from Jan. 10, 2018 to Jan. 17, 2018, while her medical issues were attended to and Borrelli was advised of said issues. Borrelli allegedly told Magee on Jan. 18 that she should “stay home until she felt better.”
“On Jan. 29, 2018, plaintiff was terminated by defendant and explicitly told it was because of her hospitalization. When plaintiff asked if she could reapply for the position, a representative from defendant’s human resources department told her she could not, because her feeding tube could cause her to miss time again in the future and thus they would not consider her application,” the suit stated.
According to Magee, the County claimed that her status as a “probationary employee” allowed them to discriminate against plaintiff based on her disability. Magee asserts she was unfairly and illegally singled out with this alleged treatment.
Magee filed an amended version of her complaint on Dec. 14, 2020.
Delaware County responded with an answer to the amended complaint on Aug. 16, denying the complaint’s allegations and providing nine affirmative defenses of their own.
“Plaintiff’s complaint fails to state any cause of action upon which relief can be granted as a matter of fact and/or law. Plaintiff’s employment, at all times relevant to this action, was at-will and could be terminated by either party or any reason and at any time, with or without notice. Plaintiff’s complaint should be dismissed because all actions taken by defendant with respect to plaintiff were undertaken in good faith and for legitimate business reasons, which were not merely pre-textual. Plaintiff did not engage in protected activity under the ADA and/or any other federal or state law,” the defenses stated.
“Plaintiff’s claims are barred because there is no causal connection between plaintiff’s alleged disability and/or alleged protected activity and the adverse employment action(s) alleged herein. Plaintiff’s claims for damages are barred or reduced by plaintiff’s failure to mitigate her alleged damages by using reasonable diligence to seek and obtain employment elsewhere, and by no fault of defendant. Plaintiff’s claims for punitive damages are barred because defendant did not act with malice or reckless indifference to the rights afforded to plaintiff under any federal, state, or local law. None of defendant’s alleged actions were willful, malicious, deliberate or outrageous. Plaintiff has not suffered any legally cognizable damage.”
In a Nov. 11 motion to compel, the County sought the Court to order the plaintiff to comply with its discovery inquiry requests, which it then did on Dec. 3.
UPDATE
Plaintiff counsel Jake D. Becker submitted a letter on behalf of the plaintiff on April 12, indicating that the action had been settled. Terms of the settlement were not disclosed.
“My firm represents plaintiff, Cookie A. Magee, in the above-referenced action. Defendants, the County of Delaware and Fair Acres Geriatric Center are represented by Andrew D. LaFiura, Esq. and Morgan D. Schwartz, Esq. I am pleased to inform you that the parties have reached a full settlement of all claims in Civil Action No. 2:20-cv-2513. Please accept this letter as notice that an Order pursuant to Local Rule 41.1(b) can be issued. Please let me know if Your Honor requires any additional information,” the letter stated.
The plaintiff was represented by Jake D. Becker and Mary-Ellen Allen of Lamb McErlane, in West Chester.
The defendant was represented by Andrew LaFiura and Morgan D. Schwartz of Jackson Lewis in Philadelphia, plus William F. Martin of the Delaware County Solicitor’s Office, in Media.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-02513
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com