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Plaintiff alleges staffing company discriminated based on race/ethnicity and age

PENNSYLVANIA RECORD

Friday, November 22, 2024

Plaintiff alleges staffing company discriminated based on race/ethnicity and age

Federal Court
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A former employee has filed a lawsuit against a staffing company, alleging discrimination and retaliation. Jodi Clemmer, represented by Koller Law LLC, filed the complaint in the United States District Court for the Eastern District of Pennsylvania on September 11, 2024, against Adecco Staffing d/b/a Adecco Onsite at Radial.

According to the court documents, Clemmer claims that she faced race/ethnicity and age discrimination during her tenure with Adecco Staffing. Clemmer, who is Caucasian and non-Hispanic, was hired as an On-Site Manager at Radial's location on September 16, 2020. Despite being well-qualified and performing well in her role, she alleges that she experienced discriminatory treatment from her colleagues and superiors. In January 2024, Clemmer was informed by Cheryl Camponaro, Director at Adecco Staffing, that she would be acting as a Senior On-Site Manager with additional responsibilities but without an official title change or salary increase.

Clemmer’s troubles escalated when Mirka Carballo, a subordinate Hispanic manager in her twenties, refused to report to her due to the lack of an official title change. Despite Carballo being written up for insubordination and other issues such as being off-site while clocked in for work hours, Clemmer claims Carballo faced no real repercussions. Instead, Carballo was simply moved to another site.

In February 2024, Clemmer found herself accused of racism by Michelle Small from Human Resources after Carballo filed a complaint alleging that Clemmer made derogatory comments about Spanish-speaking colleagues. Clemmer denies these allegations and contends that they were fabricated in retaliation for reporting Carballo’s misconduct. Following this accusation, Clemmer was suspended pending investigation and subsequently terminated without being provided details of the investigation.

Clemmer's lawsuit includes multiple counts under Title VII of the Civil Rights Act of 1964 (as amended), the Age Discrimination in Employment Act (ADEA), and the Pennsylvania Human Relations Act (PHRA). She asserts that younger employees outside her protected class were treated more favorably and that her termination was retaliatory following her complaints about discrimination.

Clemmer seeks compensatory damages for emotional pain and suffering, punitive damages for willful conduct by Adecco Staffing, liquidated damages under ADEA provisions for reckless disregard of federal statutory rights, reasonable attorneys' fees and costs incurred during litigation. Additionally, she requests pre-judgment and post-judgment interest on awarded amounts along with an injunction preventing further discriminatory practices by Adecco Staffing.

The case is overseen by Judge John M. Gallagher under Case ID: 5:24-cv-04816-JMG. Representing Clemmer are attorneys David M. Koller and Jordan D. Santo from Koller Law LLC.

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