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Friday, September 27, 2024

Former Employee Alleges Disability Discrimination Against Flower Delivery Company

Federal Court
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A former employee has filed a lawsuit against a well-known flower delivery company, alleging discrimination based on his disability. Todd Seyfert filed the complaint in the United States District Court for the Middle District of Pennsylvania on June 11, 2024, against U.S. Retail Flowers, Inc., doing business as Royer’s Flowers & Gifts.

The lawsuit claims that Seyfert, who underwent a liver transplant in 2020 and takes immunosuppressant medication, was wrongfully terminated from his position as a Delivery Driver at Royer’s Wernersville location. According to the complaint, Seyfert informed his employer about his compromised immune system during his initial interview. Despite assurances that his condition would not affect his job performance, Seyfert alleges he faced discriminatory comments and treatment from Royer’s management. Specifically, Retail Operations Manager Jenni Eberly expressed concerns that Seyfert's weakened immune system would cause him to frequently call off sick during colder months.

Seyfert contends that these concerns were unfounded and discriminatory. He asserts that he was fully capable of performing his job duties without requiring any special accommodations. However, on September 5, 2023, after following company protocol by using a customer's driveway to make a delivery, Seyfert was abruptly terminated by Eberly. The reason given for his termination—using a customer’s driveway—was pretextual according to Seyfert's complaint since it did not violate any company policy.

The plaintiff argues that this termination was a direct result of discrimination based on his disability in violation of the Americans with Disabilities Act (ADA). "Royer’s violated Mr. Seyfert’s federal rights pursuant to the ADA by terminating him because of his disability," states the complaint.

Seyfert is seeking several forms of relief from the court: permanent injunctions against further discrimination by Royer’s Flowers & Gifts; compensation for lost wages and benefits; damages for emotional distress; punitive damages; and coverage of legal fees and costs associated with the lawsuit.

Representing Todd Seyfert are attorneys Derrek W. Cummings, Larry A. Weisberg, Michael J. Bradley, and Steve T. Mahan from Weisberg Cummings P.C., located in Harrisburg, PA. The case has been assigned Civil Action No: 1:24-cv-00961-CCC.

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