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Saturday, November 2, 2024

Plaintiff Alleges Workplace Discrimination Against Orthopedic Practice Under ADA

Federal Court
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A former employee has filed a lawsuit against a prominent orthopedic practice, alleging workplace discrimination and retaliation that culminated in her termination. Lillian Detwiler filed the complaint in the United States District Court for the Eastern District of Pennsylvania on September 9, 2024, against Premier Orthopaedics & Sports Medicine Associates, Ltd.

According to the complaint, Detwiler began working as a Physical Therapist/Pelvic Floor Specialist for Premier Orthopaedics on May 10, 2023. Despite her dedication and hard work, she claims she was subjected to discriminatory treatment due to her disabilities, including cancer. Detwiler asserts that she requested reasonable accommodations such as a consistent work schedule and intermittent time off to manage her condition. Initially agreed upon by management, these accommodations were later disregarded by her supervisors.

Detwiler's direct supervisor, Clinic Manager Andrea Smith, allegedly manipulated her schedule and made derogatory comments about her medical condition. For instance, Smith reportedly told Detwiler that "these are the hours we work" and threatened to change her schedule arbitrarily. The complaint also details how Smith sarcastically dismissed Detwiler's need for accommodations with comments like "yeah we know it’s because of your tumor." Furthermore, Detwiler alleges that other non-disabled employees were not subjected to similar treatment or scrutiny.

The situation escalated when Detwiler reported this discriminatory behavior to Regional Clinical Director Michael Wilson on June 6, 2023. Instead of addressing her concerns, Smith allegedly badgered Detwiler for complaining and continued the hostile treatment. Despite multiple complaints from Detwiler about the ongoing discrimination and retaliation, no effective action was taken by Premier Orthopaedics' management.

On November 6, 2023, Detwiler was terminated from her position under what she claims were pretextual reasons—creating a hostile work environment and being insubordinate. She contends that these accusations were fabricated and that any attendance issues were related to her medical condition and should have been accommodated under the ADA.

Detwiler is seeking various forms of relief from the court. She wants Premier Orthopaedics to cease its alleged illegal practices of discrimination and retaliation and implement an effective policy against such actions. Additionally, she seeks compensation for lost earnings and benefits, punitive damages for willful misconduct by the defendant, emotional distress damages, legal fees, and any other equitable relief deemed appropriate by the court.

Representing Lillian Detwiler is Ari R. Karpf from Karpf Karpf & Cerutti P.C., while Megan Kaminski appears as a representative from Premier Orthopaedics' Human Resources department. The case has been assigned Case No.: 5:24-cv-04739.

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