A former employee is taking legal action against a major insurance company, alleging disability discrimination and wrongful termination. On August 21, 2024, Kayla DeLeo filed a complaint in the United States District Court for the Middle District of Pennsylvania against biBERK Insurance Services, Inc.
According to the complaint, DeLeo suffers from multiple medical conditions including Irritable Bowel Syndrome (IBS), Gastroesophageal Reflux Disease (GERD), Attention Deficit Hyperactivity Disorder (ADHD), and Anxiety. These conditions qualify her as disabled under both the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA). DeLeo began working for biBERK as a Premium Auditor Associate on July 17, 2023, in a hybrid telecommuting role that required her to work two days at the company's Wilkes-Barre location and three days from home.
DeLeo claims that the work environment at the Wilkes-Barre office exacerbated her medical conditions due to close proximity with coworkers and lack of privacy in communal restrooms. She requested to telecommute full-time as a reasonable accommodation for her disabilities—a request she says was granted to other employees for non-disability-related reasons. Despite following proper procedures by submitting an ADA accommodation request form and obtaining a supporting medical note from her physician, biBERK allegedly denied her request without engaging in an interactive process to explore alternative accommodations. Four days after submitting her request, DeLeo was terminated.
The lawsuit alleges that biBERK's actions constitute illegal discrimination under both federal and state laws. The complaint states: "biBERK subjected Ms. DeLeo to disability discrimination, including a failure to accommodate and/or engage in the interactive process." DeLeo is seeking various forms of relief including back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorney's fees. She also seeks an injunction preventing biBERK from continuing discriminatory practices.
The case has been assigned Case No.: 3:24-cv-01424-RDM. Representing Kayla DeLeo are attorneys Derrek W. Cummings, Larry A. Weisberg, Steve T. Mahan, and Michael J. Bradley from Weisberg Cummings P.C., while details about biBERK’s legal representation were not provided in the filing.