Case 1:15-cv-01881-YK Document 1 Filed 09/29/15 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA EQUAL EMPLOYMENT OPPORTUNITY Electronically Filed COMMISSION, CIVIL ACTION NO. Plaintiff, v. COMPLAINT AND JURY TRIAL DEMAND P.H. GLATFELTER, Defendan NATURE OF THE ACTION This is an action under Title I of the Americans with Disabilities Act ("the ADA") of 1990, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices and to provide appropriate relief to Charles A. Stevens ("Stevens") and a class of similarly aggrieved post-offer applicants and employees who were subjected to and/or adversely affected by the unlawful employment practices described below. As alleged with greater particularity in the Statement of Claims, P.H. Glatfelter ("Glatfelter") voluntarily adopted for positions involving operation of Powered Industrial Trucks ("PITs") (e.g., forklifts, lift trucks, and similar industrial vehicles) a physical qualification standard derived from the Department of Transportation's Federal Motor Carrier Safety Administration's ("DOT") physical qualifications for drivers of Commercial Motor
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Case 1:15-cv-01881-YK Document 1 Filed 09/29/15 Page 1 of 15
IN THE UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF PENNSYLVANIA
44.The unlawful employment practices contained in Count I caused aggrieved
individuals emotional and mental anguish, pain and suffering, stress, and
humiliation and frustration.
45.The unlawful employment practices contained in Count I were done with
malice or reckless disregard to the federally protected rights of the aggrieved
individuals.
Count II.
46. EEOC hereby incorporates paragraphs 15 through 40.
47. Since at least May 2009, and on a continuing basis, Glatfelter has engaged in
unlawful employment practices at its Spring Grove facility against current
employees who were subjected to medical exams and/or inquiries as part of the
administration of the physical qualification standard for positions involving
PITs in violation of Section 102(d)(4)(A), 42 U.S.C. 12112(d)(4)(A). The
unlawful employment practices include the following:
a. requiring employees seeking employment in any position involving
operation of PITs to submit to a medical exam and/or inquiry that cannot
be shown to be job-related and consistent with business necessity.
11
Case 1:15-cv-01881-YK Document 1 Filed 09/29/15 Page 12 of 15
48.The unlawful employment practices contained in Count II were done with
malice or reckless disregard to the federally protected rights of the aggrieved
individuals.
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Glatfelter, its officers, successors,
assigns, and all persons in active concert or participation with them, from engaging
in disability discrimination, including, but not limited to: utilizing overly broad and
unlawful physical qualification standards; making employment decisions on the
basis of disability; failing to conduct individualized inquiries and consider
reasonable accommodations, if necessary; and any other employment practice that
discriminates on the basis of disability in violation of the ADA.
B. Grant a permanent injunction enjoining Glatfelter, its officers, successors,
assigns, and all persons in active concert or participation with them, from engaging
in disability discrimination, including, by subjecting current employees to unlawful
medical exams and/or inquiries in violation of the ADA.
C. Order Glatfelter to institute and carry out policies, practices, and programs
that provide equal employment opportunities to qualified individuals with
disabilities, that prohibit the use of unlawful physical qualification standards, that
prohibit Glatfelter from subjecting employees to unlawful medical exams and/or
12
Case 1:15-cv-01881-YK Document 1 Filed 09/29/15 Page 13 of 15
inquiries, and that eradicate the effects of its past and present unlawful
employment practices.
D. Order Glatfelter to make Stevens and the class of similarly situated post-
offer applicants and employees described in Count I whole by providing
appropriate back pay, inclusive of all forms of compensation and lost benefits, with
prejudgment interest, in amounts to be determined at trial, and all other affirmative
relief necessary to eradicate the effects of its unlawful employment practices,
including but not limited to instatement, promotion and/or transfer, or front pay in
lieu thereof.
E. Order Glatfelter to make Stevens and the class of similarly situated post-
offer applicants and employees described in Count I whole by providing
compensation for past and future pecuniary losses resulting from the unlawful
employment practices described above, in amounts to be determined at trial.
F. Order Glatfelter to make Stevens and the class of similarly situated post-
offer applicants and employees described in Count I whole by providing
compensation for past and future non-pecuniary losses resulting from the unlawful
practices described above, including emotional pain, suffering, inconvenience,
mental anguish, loss of enjoyment of life, and other non-pecuniary losses, in
amounts to be determined at trial.
G. Order Glatfelter to pay Stevens and the class of similarly situated post-offer
13
Case 1:15-cv-01881-YK Document 1 Filed 09/29/15 Page 14 of 15
applicants and employees described in Count I punitive damages for the malicious
and reckless conduct described above, in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the
public interest.
I. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its
Complaint.
FOR: EEOC
P. DAVID LOPEZGENERAL COUNSEL
JAMES L. LEEDEPUTY GENERAL COUNSEL
GWENDOLYN YOUNG REAMSASSOCIATE GENERAL COUNSEL
DEBRA M. LAWRENCE
Regional Attorney
MARIA MOROCCO
Supervisory Trial Attorney
THOMAS RETHAGE (PA liZr 203524)Senior Trial AttorneyEEOC Philadelphia District Office801 Market Street, Suite 1300
Philadelphia, PA 19107
14
Case 1:15-cv-01881-YK Document 1 Filed 09/29/15 Page 15 of 15
Phone: 215-440-2683Fax: 215-440-2848Email: [email protected] Bar No. 96035Petitionfor Special Admission Forthcoming
/s/ Tanisha R. WilburnTANISHA R. WILBURN (NC Bar 38589)Trial AttorneyEEOC— Washington Field Office131 M Street, N.E. Suite 4NWO2F
Washington, D.C. 20507Phone: 202-419-0712Fax: 202-419-0739Email: [email protected] Bar No. 19271Petitionfor Special Admission Forthcoming
ATTORNEYS FOR PLAINTIFF
15
Foreign Country
t 811;
DATE
FOR OFFICE USE ON Y2LZ4127/.5.
TS i'EN AN
(spectb)
CY R STA IT
Case 1:15-cv-01881-YK Document 1-1 Filed 09/29/15 Page 1 of 1
JS 44 (Rev. 12112) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use ofthe Clerk ofCourt for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTSU.S. Equal Employment Opportunity Commission P.H. Glatfelter
(b) County of Residence ofFirst Listed Plaintiff County of Residence ofFirst Listed Defendant YOTk County. PA(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.
(C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IfKnown)Tom Rethage, Senior Trial Attorney801 Market St., Suite 1300, Philadelphia, PA 19107215-440-2683
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfor Plaintiff(For Diversiry Cases Only) and One Boxfor Defendant)tg I U.S. Government CI 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen ofThis State CI 1 0 I Incorporated or Principal Place CI 4 0 4of Business In This State
0 2 U.S. Government 0 4 Diversity Citizen ofAnother State 0 2 0 2 Incorporated andPrincipal Place 0 5 0 5Defendant (Indicate Citizenship ofParties in Item III) of Business In Another State
O 153 Recovery of Overpayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 HIA (1395ff) CI 850 Securities/Commodities/ofVeteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) Exchange
O 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory ActionsO 190 Other Contract Product Liability 0 380 Other Personal Relations 0 864 SS1D Title XVI 0 891 Agricultural ActsO 195 Contract Product Liability 0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) CI 893 Environmental MattersO 196 Franchise Injury 0 385 Property Damage 0 751 Family and Medical 0 895 Freedom of Information
0 362 Personal Injury Product Liability Leave Act ActMedical Malpractice 0 790 Other Labor Litigation 0 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 791 Employee Retirement FEDERAL TAX SUITS 0 899 Administrative Procedure0 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. Plaintiff Act/Review or Appeal of0 220 Foreclosure 0 441 Voting CI 463 Alien Detainee or Defendant) Agency Decision0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS—Third Party 0 950 Constitutionality of0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 State Statutes0 245 Tort Product Liability Accommodations 0 530 General0 290 All Other Real Property Ig 445 Amer. w/Disabilities 0 535 Death Penalty IMMIGRATION
Employment Other: b 462 Naturalization Application0 446 Amer. w/Disabilities 0 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Rights Actions0 448 Education 0 555 Prison Condition
0 560 Civil DetaineeConditions ofConfinement
V. ORIGIN (Place an "X" In One Box Only))31 I Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
Cite the U.S. Civil Statute under which you are filing (Do not citejurisdictionalstatutes unless diversity):ADA 42 USC 12101, et. seq.VI. CAUSE OF ACTION Brief description ofcause:
Disability discrimination including, inter alia: qualification standards, failure to accommodate, exams/inquiriesVII. REQUESTED IN El CHECK IF THIS IS A CLASS ACTION J3EIVIAND S CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. Oe7e4,114c., ç7& 7r/a/ JURY DEMAND: Yes 0 No