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PENNSYLVANIA RECORD

Monday, September 16, 2024

Former Employee Alleges Disability Discrimination Against Employer

Federal Court
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A former employee is taking legal action against her previous employer, alleging discrimination and retaliation in violation of the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA). On August 19, 2024, Dana Lombardo filed a complaint in the United States District Court for the Western District of Pennsylvania against Green Apple Business Services, Inc., doing business as Green Apple Barter Services, and its executives Michael Krane and Justin Krane.

According to the complaint, Lombardo was hired by Green Apple on October 5, 2011, as a customer service representative before transitioning into a trade broker role. She worked for the company for over ten years. During this period, Lombardo developed disabilities including depression and generalized anxiety disorder. The COVID-19 pandemic exacerbated her conditions. From March 16, 2020, through April 2022, she worked from home without any issues.

The situation took a turn on April 29, 2022, when Green Apple mandated an in-person meeting scheduled for May 3, 2022. Lombardo attended but experienced a severe panic attack during the meeting. She left abruptly to manage her symptoms which included hyperventilating and vomiting. Following this incident, she requested to continue working from home as a reasonable accommodation due to her medical conditions. Despite having successfully performed her duties remotely for over two years, Green Apple questioned her medical conditions during a Zoom call on May 10, 2022.

Lombardo provided documentation from her healthcare providers supporting her request to work from home. However, she was accused falsely of driving on company time during another meeting with Michael Krane and Justin Krane. Shortly after returning from vacation on May 26, 2022, Lombardo was terminated on May 27 under pretextual reasons that she claims were false.

Lombardo's lawsuit accuses Green Apple of discriminatory and retaliatory actions in violation of ADA and PHRA laws. She asserts that her termination was directly linked to her request for reasonable accommodation due to her disabilities. Additionally, Michael Krane and Justin Krane are accused of aiding and abetting these unlawful practices.

In seeking judgment from the court, Lombardo demands compensatory damages for economic losses such as lost wages and benefits along with non-economic damages like emotional distress. She also seeks equitable relief including reinstatement or promotion within the company if possible.

Representing Lombardo is Robert A. Bracken of Bracken Law Firm LLC while Cynthia L O'Donnell from Lewis Brisbois Bisgaard & Smith LLP represents Green Apple Business Services Inc., Michael Krane and Justin Krane. The case has been assigned Case ID: 2:24-cv-01180.

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