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PENNSYLVANIA RECORD

Monday, September 16, 2024

Former Server Alleges Discrimination Against Restaurant Over Disability

Federal Court
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In a striking case of alleged workplace discrimination, a former server is suing her previous employer for violating the Americans with Disabilities Act (ADA). Cristina Stokes filed the complaint against Bud Murphy Enterprises, Inc. in the United States District Court for the Western District of Pennsylvania on August 22, 2024.

Cristina Stokes claims that she faced severe harassment and was ultimately terminated from her job at Bud Murphy’s restaurant due to her disabilities, which include Post-Traumatic Stress Disorder (PTSD) and autism. Stokes alleges that after the death of a supportive owner in September 2023, her work environment became hostile. According to the complaint, management and coworkers frequently taunted her by calling her derogatory names such as "retard" and intentionally triggering her PTSD by referring to her by her birth name, Tina—a name associated with traumatic childhood abuse.

Stokes worked at Bud Murphy’s from February 14, 2021, until March 23, 2024. She describes herself as an excellent employee who performed all essential job functions without needing accommodations. However, following the death of Robin Bubarth—an owner who had always treated employees with respect—the atmosphere changed drastically. The new management allegedly began targeting Stokes for harassment due to her disabilities. General Manager Jenny O’Hanlan and other staff members are accused of making derogatory comments and treating Stokes differently from other employees without disabilities.

One particularly egregious incident involved O’Hanlan yelling at Stokes and falsely accusing her of providing poor service to customers who were actually friends of Stokes and had left a generous tip that O’Hanlan allegedly pocketed herself. Following this incident, Stokes was sent home and never scheduled for work again.

Stokes contends that these actions were not only discriminatory but also violated both federal ADA laws and Pennsylvania Human Relations Act (PHRA). She asserts that the reasons given for her termination were pretexts designed to cover up discrimination based on her disabilities.

The lawsuit seeks various forms of relief including compensatory damages for emotional distress, punitive damages to deter future misconduct by the defendant, reinstatement or front pay in lieu thereof, back pay with interest, attorney's fees, costs associated with bringing the lawsuit, and any other relief deemed appropriate by the court.

Representing Cristina Stokes is attorney Michael J. Bruzzese from Pittsburgh. The case has been assigned Case No. 2:24-cv-01198 in front of Judge [Name].

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