JOHNSTOWN – The Pennsylvania Liquor Control Board has removed to federal court litigation brought against it and several liquor store employees from a former store clerk, which alleged she was sexually harassed and denied disability accommodations during her time working at the store.
Christa Jenkins of Osceola Mills first filed suit in the Clearfield County Court of Common Pleas on July 24 versus the Pennsylvania Liquor Control Board (doing business as “Fine Wine & Good Spirits Store No. 1706”), its Store Manager Deanna Billings-Cottom, its General Manager Carmen Banner, its Store Clerk Brynn McGarvey and its Director of Human Resources, Jennifer Haas, all of Philipsburg.
“On or around May 2019, plaintiff started working as a part time clerk at Fine Wine. Almost immediately thereafter, defendant Billings-Cottom began sexually harassing plaintiff. Upon information and belief, defendant Billings-Cottom is a lesbian and would call plaintiff when she was drunk and tell plaintiff she loved her. Defendant Billings-Cottom would also tell plaintiff that defendant’s wife was jealous of plaintiff. Defendant Billings-Cottom told plaintiff she could turn any straight woman gay, and she could turn plaintiff gay,” the suit says.
“Plaintiff felt extremely uncomfortable because of defendant Billings-Cottom’s actions and just wanted to focus on work. Plaintiff filed a complaint against defendant Billings-Cottom with Human Resources regarding this sexual harassment, but nothing was done. This situation put plaintiff in a precarious position because defendant Billings-Cottom was plaintiff’s supervisor. The harassment continued until in or around April 2021, when plaintiff began ignoring defendant Billings-Cottom every time she would bring up anything of a sexual nature.”
The suit adds that the plaintiff has disabilities, including but not limited to: Three heart conditions, including inappropriate tachycardia, chronic low blood pressure, and atrial flutter, IBS-C and reproductive conditions, which significantly affect the plaintiff’s daily life.
As a result, the plaintiff’s impairments substantially limit her day-to-day activities and cause her to closely monitor her water intake, exposure to hot temperatures, and physical stress, she must stay well-hydrated due to these impairments and must have immediate access to a restroom due to the latter conditions, which cause her to use the restroom suddenly and frequently.
“Since plaintiff began working at Fine Wine, there were constant issues with the bathroom. The only toilet was often not working. Furthermore, sewer water would regularly come out of the sink so that employees could not wash their hands. Plaintiff and other employees were instructed to go to the bathroom in a bucket or go to the McDonald’s across the parking lot, if they didn’t want to use a bucket. During plaintiff’s part-time employment, the toilet would only work occasionally but most of the time it did not function correctly. Plaintiff complained to defendant Billings-Cottom and Banner numerous times about the restroom but nothing was done,” the suit states.
“On or around March 17, 2020, Fine Wine closed its business and plaintiff was given paid leave because of the COVID-19 pandemic. On or around April 27, 2020, plaintiff went on Emergency Childcare (CARES Act) leave because her children were not able to go to school due to the COVID-19 pandemic. During this time, plaintiff was provided paid leave. While plaintiff was on CARES Act leave, defendant Billings-Cottom repeatedly put plaintiff on the schedule, attempting to have her work both weekdays and weekends while she was on excused paid leave. Defendant Billings-Cottom told plaintiff that the CARES Act only covered weekdays and not weekends.”
According to the suit, the CARES Act covered both weekdays and weekends if childcare was not available/schools were closed for reasons related to COVID-19. Nonetheless, the plaintiff alleges she was informed that if she did not come to work, she would be terminated.
“Upon information and belief, defendants Banner and Billings-Cottom were attempting to interfere with plaintiff’s right to CARES Act leave and were retaliating against plaintiff. On or around May 2020, plaintiff requested a full-time Family and Medical Leave Act (FMLA) absence that was approved from June 14, 2020, to July 25, 2020. Plaintiff filed for FMLA based on her doctor’s recommendation due to the COVID-19 pandemic. On or around Aug. 9, 2020, plaintiff returned to work. Following her return to work, defendants Banner and Billings-Cottom harassed and removed plaintiff’s privilege, responsibilities, and system access for taking FMLA,” the suit says.
“Furthermore, defendants Banner and Billings-Cottom denied any reasonable accommodations plaintiff requested due to her medical conditions. The accommodations plaintiff requested included: a) Plaintiff requested to be able to remove her mask intermittently as needed because she is at high-risk for death due to her heart conditions considering the physical aspect of her job; b) Plaintiff requested to work 20-hour work weeks with the option to pick up more shifts, due to her heart condition and the COVID-19 pandemic and; c) Plaintiff also requested to have a working restroom due to her conditions. Since the bathroom was still constantly out of order, plaintiff asked defendant Billings-Cottom if, at the very least, they could provide a Porta-Potty, but this request was denied. Defendant Billings-Cottom continued to assure plaintiff that the restroom would be taken care of but never was.”
Per the suit, on or around Oct. 8, 2021, the plaintiff complained to Jennifer Haas, who worked in Human Resources, regarding the inoperable restroom. The following day, defendant Billings-Cottom gave plaintiff an oral warning and threatened her with disciplinary action if she continued to complain regarding the inoperable restroom. Jenkins says she filed several complaints and grievances with the union, but nothing was done to fix the problem.
“Upon information and belief, the defendant PLCB/Fine Wine violated the union contract, in that PLCB was supposed to respond to union inquiries/complaints within certain time frames but failed to do so. In or around October 2021, plaintiff told defendants that not having a properly functioning toilet was an Occupational Safety and Health Administration (OSHA) violation. Plaintiff was written up for making this statement. On or around Nov. 30, 2021, plaintiff filed an Equal Employment Opportunity Commission (EEOC) complaint and an internal Equal Employment Opportunity (EEO) complaint. After plaintiff filed these complaints, defendants continued retaliating against her,” the suit states.
“Upon information and belief, defendants Banner, Billings-Cottom and McGarvey retaliated against plaintiff by forcing her to work unfavorable schedules, creating a hostile work environment, not giving her a standard promotion and writing her up for violations that had no merit. In or around December 2021, plaintiff had no other choice but to resign/was constructively terminated. Due to the actions of defendants, plaintiff was forced to work in a hostile environment and was unjustly treated, because of her disabilities and use of FMLA. The constructive termination of plaintiff has caused her to suffer shame, embarrassment, and financial loss.”
The defendants removed the case to the U.S. District Court for the Western District of Pennsylvania on Aug. 9.
“Plaintiff commenced this civil action by filing a complaint in civil action on or about July 11, 2023, in the Clearfield County Court of Common Pleas at docket number GD-23-000238. This Court has original jurisdiction over plaintiff’s federal actions pursuant to 28 U.S.C. Sections 1331. Accordingly, defendants are entitled to remove the action to this Court pursuant 28 U.S.C. Section 1441(a) and (b). This notice of removal is being filed within 30 days after receipt of plaintiff’s state court complaint by defendants, as required by 28 U.S.C. Section 1446(b),” per the removal notice.
“Copies of this notice of removal will be duly filed with the Prothonotary of the Clearfield County Court of Common Pleas and served upon plaintiff. In removing this action, the defendants do not waive their objections to defects in service or improper service, or any defenses, including without limitation, defenses available by virtue of the Eleventh Amendment to the United States Constitution or under the Pennsylvania Sovereign Immunity Act. A jury trial is demanded.”
For counts of refusing to reasonably accommodate and retaliation under the Americans with Disabilities Act of 1990, retaliation under the Family and Medical Leave Act, violation of the Pennsylvania Human Relations Act, retaliation under the CARES Act and gender discrimination/sexual harassment under Title VII of the Civil Rights Act of 1964, the plaintiff is seeking damages, individually, jointly and severally, in excess of $50,000, including punitive damages and further relief as this Honorable Court deems necessary and just, including attorney’s fees and costs.
The plaintiff is represented by David A. Berlin and Matthew B. Weisberg of Weisberg Law in Morton, plus Gary A. Schafkopf of Schafkopf Law, in Bala Cynwyd.
The defendants are represented by Karen Mascio Romano and Michael P. Gaetani of the Pennsylvania Attorney General’s Office, respectively in Harrisburg and Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 3:23-cv-00180
Clearfield County Court of Common Pleas case GD-23-000238
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com