A former employee has filed a lawsuit against her previous employer, alleging discrimination and wrongful termination. Tina Clapper lodged the complaint in the United States District Court for the Middle District of Pennsylvania on September 12, 2024, against Wood-Mode, LLC.
According to the court documents, Clapper was diagnosed with diverticulitis and began experiencing flare-ups of her condition in 2022. Despite her medical issues, she performed her job as a primer/sander without incident until she requested intermittent FMLA leave in June 2022. The complaint details how Clapper contacted Gretchen from Human Resources multiple times to obtain the necessary paperwork for FMLA leave. After finally receiving and submitting the completed certification from her physician, Clapper received no confirmation regarding her leave approval.
Clapper's manager, Donald Grove, informed her that her leave was approved but required doctor’s notes for each absence related to her medical condition. Despite complying with this requirement, Clapper faced disciplinary actions for attendance issues covered under her FMLA leave. On February 13, 2023, she called out due to a medical flare-up and was subsequently terminated on February 20, 2023, by area supervisor Arden Landis for allegedly not providing a doctor's note for that absence.
The lawsuit accuses Wood-Mode of failing to accommodate Clapper's disability and not engaging in an interactive process to develop reasonable accommodations. It also claims that Wood-Mode interfered with Clapper's rights under the Family and Medical Leave Act (FMLA) and retaliated against her for utilizing FMLA leave. Additionally, it alleges violations of the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA).
Clapper is seeking compensatory damages exceeding $150,000 for lost wages, future earning capacity, emotional distress, pain and suffering. She also demands punitive damages, liquidated damages under FMLA provisions, attorneys' fees and court costs.
Representing Clapper is Graham F. Baird from the Law Offices of Eric A. Shore P.C., while Judge Karen McDonough is presiding over the case identified as Case No. 4:24-cv-01554-KM.