A former employee has filed a lawsuit against a county government, alleging discrimination based on his disability. Sean Lally, the plaintiff, filed the complaint in the United States District Court for the Western District of Pennsylvania on September 13, 2024, accusing Westmoreland County of violating the Americans with Disabilities Act (ADA).
Sean Lally, who resides in New Stanton, Westmoreland County, worked as a caseworker for the Children's Bureau of the Human Services Department from March 18 to April 19, 2024. Despite being competent and proficient at his job duties, Lally alleges that he faced discrimination due to his disability—a left leg amputation requiring him to use a prosthetic and crutch. The complaint details various instances where Lally was treated differently from other new hires by his supervisor Kim Harmon. According to Lally, Harmon did not provide him with necessary work tools or training opportunities and made derogatory comments about his ability to walk normally.
Lally's complaint recounts an incident on March 25, 2024, when Harmon asked him when he would "walk normally again," which led him to believe she held stereotypical views about amputees' capabilities. Despite raising concerns with another supervisor, Nick Purnell, no significant changes were made. By April 1, 2024, Lally was still reading manuals at his desk without any assigned cases while other new hires had already begun fieldwork.
The situation escalated when Lally experienced asthma attacks on April 16 and had to call off work. He accompanied his fiancée Michelle Hernandez to her appointment for safety reasons but ended up needing medical attention himself. Harmon later instructed him to mark sick leave on his timesheet despite knowing he lacked sufficient accrued sick time. On April 19, Lally was summoned to the office under the pretext of IT updates but was instead terminated for allegedly working while off sick and failing probation.
Lally contends that these reasons were pretexts for discrimination based on his disability. He asserts that Westmoreland County violated both the ADA and the Pennsylvania Human Relations Act (PHRA) by terminating him due to his disability rather than any legitimate performance issues.
In seeking judgment from the court, Lally requests all appropriate remedies under the ADA and PHRA, including attorney’s fees and costs. His legal representation is provided by Michael J. Bruzzese of Pittsburgh.
The case is presided over by Judge [Name] under Case No. 2:24-cv-1300.