Peter D. Marchetti has filed a civil complaint against JPMorgan Chase Bank, N.A., alleging violations of the Americans with Disabilities Act (ADA). The complaint was filed on May 15, 2024, in the United States District Court for the Eastern District of Pennsylvania.
According to the court documents, Marchetti received a conditional offer of employment from JPMorgan as a Junior Programmer in January 2021. Marchetti, who suffers from Attention Deficit Hyperactivity Disorder (ADHD) and is prescribed Vyvanse for his condition, was required to take a drug test as part of his employment conditions. Despite informing JPMorgan about his prescription that could result in a positive drug test, Marchetti's request for accommodation was ignored. Consequently, he failed the drug test and was terminated from his position.
Marchetti claims that he sought reasonable accommodation by requesting a waiver to account for the positive test result due to his prescribed medication. However, JPMorgan repeatedly refused to provide such an accommodation. This refusal led to significant damages for Marchetti in terms of lost wages and benefits as well as emotional distress.
The plaintiff's complaint outlines several key points: Marchetti's ADHD diagnosis qualifies as a disability under the ADA; Vyvanse is a widely prescribed medication that can cause false positives in drug tests; and despite this knowledge, JPMorgan did not consider reasonable accommodations. Furthermore, during an Equal Employment Opportunity Commission (EEOC) mediation process initiated after Marchetti filed a charge on September 9, 2021, JPMorgan offered re-employment but did not address whether Marchetti would need to retake the same drug test or if any accommodations would be made.
Marchetti argues that JPMorgan violated the ADA by refusing to accommodate his disability through their strict drug testing policy and discriminating against him by terminating his employment based on the failed drug test caused by his lawful medication. He also contends that JPMorgan’s policies effectively discriminate against all applicants with ADHD who are prescribed Vyvanse.
In seeking relief from the court, Marchetti requests direct, consequential, incidental, and punitive damages along with costs and attorneys' fees. He emphasizes that these measures are necessary due to the significant emotional and monetary damage he has suffered because of JPMorgan’s actions.
The case is being handled by Aaron L. Peskin of Ferrara Law Group P.C., representing Peter D. Marchetti. The case ID is 2:24-cv-02065-KBH.