On May 29, 2024, Winfred Pearson III filed a civil action complaint against Drexel University in the United States District Court for the Eastern District of Pennsylvania. The lawsuit alleges violations of the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Pennsylvania Human Relations Act (PHRA), and the Philadelphia Fair Practices Ordinance (PFPO).
Pearson, who was employed as a custodian at Drexel University for approximately 16 years, claims that he was unlawfully terminated due to his disabilities and need for medical leave. According to the complaint, Pearson suffers from several ADA-qualifying disabilities including hypertension, cancer, heart conditions, and injuries from an automobile accident. Despite these health issues, Pearson asserts that he was able to perform his job duties effectively but required reasonable accommodations such as time off for medical appointments.
The complaint details multiple instances where Pearson faced retaliatory actions from his supervisors after requesting or taking medical leave. For example, in 2021, after informing his supervisor about a doctor's appointment for skin cancer treatment, Pearson was verbally disciplined for alleged job abandonment. In another instance on March 7, 2023, following an automobile accident that required hospitalization, Pearson returned to work only to be assigned more laborious tasks that exacerbated his health conditions. This led to a suspension on March 20, 2023, which was later overturned through union intervention.
Pearson's situation worsened in June 2023 when he experienced acute heart failure and was hospitalized for nine days. Upon returning to work shortly thereafter, he continued to face hostility from management. On July 6, 2023, Pearson was terminated for alleged poor work performance related to an incident on June 29, 2023—a claim he argues is false and pretextual.
The lawsuit accuses Drexel University of failing to provide necessary FMLA documentation despite repeated requests from Pearson. He alleges that this constitutes interference with his FMLA rights and retaliation for attempting to exercise those rights.
Pearson is seeking various forms of relief including back pay, front pay, compensatory damages for emotional distress and suffering, punitive damages for willful misconduct by Drexel University’s management team, as well as attorney’s fees and court costs. He also demands that Drexel University implement policies prohibiting discrimination and retaliation against employees with disabilities.
The case is being handled by Ari R. Karpf of Karpf, Karpf & Cerutti P.C., representing Pearson. The case ID is No.:2:24-cv-02277-CMR with Judge Cynthia M. Rufe presiding over the matter.