In a recent civil action complaint, Kimberly Doubt has filed a lawsuit against Christopher Cavendish and Jake S. Lifson, Esq., alleging violations of the Family Medical Leave Act (FMLA). The complaint was filed on May 29, 2024, in the United States District Court for the Western District of Pennsylvania.
Kimberly Doubt, represented by J.P. Ward & Associates, LLC, claims that her former employers at the Allegheny County Health Department (ACHD) interfered with her rights under the FMLA and retaliated against her for seeking medical leave. The defendants named in the lawsuit are Christopher Cavendish, Human Resources Manager for ACHD, and Jake S. Lifson, an Assistant Allegheny County Solicitor who served as counsel for ACHD during the events in question.
The case details reveal that Ms. Doubt began working as a Case Worker at Allegheny County Jail (ACJ) in October 2012 and was later transferred to ACHD as a Program Administrator due to health concerns exacerbated by the COVID-19 pandemic. Diagnosed with anxiety, depression, post-traumatic stress disorder (PTSD), chronic obstructive pulmonary disease (COPD), and asthma, Ms. Doubt requested remote work accommodations to mitigate her heightened risk of severe illness from COVID-19.
Despite providing medical documentation supporting her disabilities and requests for accommodations, Ms. Doubt alleges that ACHD required her to return to in-person work and only offered limited accommodations such as a separate office and an N-95 mask. She experienced severe panic attacks upon returning to the office and continued to request remote work without success.
The complaint further states that Ms. Doubt faced disciplinary actions including written warnings and suspensions despite providing doctor's notes documenting her medical conditions. On one occasion, she received an email intended for Mr. Cavendish from Mr. Lifson which led her to believe there was a hostile intent towards her employment status.
Ultimately, Ms. Doubt was terminated on July 29, 2022, after raising concerns about her disabilities and requesting additional leave under FMLA provisions which she claims were denied or ignored by ACHD officials. The termination resulted in the loss of health insurance coverage necessary for ongoing treatment of her multiple disabilities.
Ms. Doubt is seeking relief including back pay, actual monetary losses, liquidated damages, pre-judgment interest, continuing interest as calculated by the court, costs and reasonable attorney’s fees.
The case is being handled by Joshua P. Ward of J.P. Ward & Associates LLC with Judge David S. Cercone presiding over Case No.: 24-786.