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Monday, September 16, 2024

Plaintiff alleges medical device company violated ADA through discriminatory practices

Federal Court
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A former employee has filed a lawsuit against a prominent medical device coating company, alleging workplace discrimination and retaliation. Ashley Bell filed the complaint in the United States District Court for the Eastern District of Pennsylvania on August 22, 2024, against Biocoat, Inc.

According to the complaint, Bell was hired by Biocoat as a Quality Assurance Specialist on May 1, 2023. She alleges that during her employment, she faced discriminatory treatment based on her race and disability. Bell is an African American woman who suffers from a service-related disability affecting her foot and ankle. She claims that despite informing her supervisors about her condition and requesting reasonable accommodations such as flexible work hours and the ability to work from home, these requests were either ignored or denied.

Bell's supervisor, Morgan Weisbecker, allegedly enforced stricter attendance policies on Bell compared to her non-black colleagues. The complaint details an incident where Bell was reprimanded for arriving slightly late due to her disability while other employees were not held to the same standard. Additionally, Bell and another African American colleague were discouraged from taking time off simultaneously—a restriction not imposed on their white counterparts.

The situation escalated when Bell went on military leave in mid-December 2023. Upon her return, she was presented with an ultimatum: either accept a Performance Improvement Plan (PIP) or resign in exchange for severance pay. Feeling pressured and intimidated during this meeting with senior management—including Director Heather Hennessy—Bell requested more time to consider her options. Despite being granted an extension until December 21, 2023, she was terminated effective December 18 after failing to return to work by December 19.

Bell's lawsuit claims violations of multiple laws including the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII), Section 1981 of the Civil Rights Act of 1866 (42 U.S.C. §1981), and the Uniformed Services Employment and Reemployment Rights Act (USERRA). She asserts that Biocoat's actions were motivated by racial discrimination and retaliation for her requests for accommodation and military service obligations.

The plaintiff seeks compensatory damages for lost wages and benefits, punitive damages for willful misconduct by Biocoat, as well as legal fees and costs associated with bringing the lawsuit. Additionally, she demands that Biocoat implement effective anti-discrimination policies to prevent future occurrences.

Representing Ashley Bell is Ari R. Karpf from Karpf, Karpf & Cerutti P.C., while no information about Biocoat’s legal representation is provided in the document. The case is identified under Case No.: 2:24-cv-04399.

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