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PENNSYLVANIA RECORD

Tuesday, November 5, 2024

Plaintiff Alleges Healthcare Company Violated Disability Rights

Federal Court
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A former employee has filed a lawsuit against a healthcare services company and its institutional pharmacy services division, alleging violations of the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA). Courtney Andress initiated the complaint in the United States District Court for the Middle District of Pennsylvania on August 7, 2024, naming KPH Healthcare Services, Inc. and HealthDirect Institutional Pharmacy Services, Inc. as defendants.

Courtney Andress was employed as a Pharmacy Technician by KPH Healthcare Services at their Berwick location from October 10, 2023, until her termination on December 13, 2023. According to the complaint, Andress suffers from several disabilities including chronic migraine headaches, mental health issues such as anxiety and PTSD, fibromyalgia, and cervicalgia. These conditions significantly limit her ability to perform daily activities like sleeping and managing fatigue. Andress communicated her need for reasonable accommodations due to these disabilities to her supervisors Dylan Schuster and Stephan Santiago but alleges that these requests were ignored.

The complaint details how Andress followed the company's call-out procedure when she needed medical leave due to flare-ups of her conditions. Despite informing her supervisors and HR Manager Kathy Bower about her absences being related to her disabilities, she was terminated for accumulated absences without any prior counseling or warnings. Andress claims that during a conversation with Schuster regarding her termination, he stated it was "not in the company’s best interests to keep you employed with what you have going on," which she believes indicates discrimination based on her disabilities.

Andress accuses KPH Healthcare Services and HealthDirect Institutional Pharmacy Services of failing to engage in an interactive process to accommodate her needs as required by the ADA. She asserts that other employees received similar accommodations under the Family Medical Leave Act (FMLA), but she was denied both intermittent leave and block medical leave despite requesting them multiple times.

In addition to seeking compensation for lost wages and benefits, Andress is asking for punitive damages due to what she describes as willful and malicious conduct by the defendants. She also seeks compensation for emotional distress and legal fees associated with bringing this action forward.

Representing Courtney Andress is Ari R. Karpf from Karpf, Karpf & Cerutti P.C., while Judge JKM presides over this case identified as Case No. 4:24-cv-01328-JKM.

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