IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PE~SYLVANIA

EQUAL EJ\,1PLOYMENT OPPORTV1>1TY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

}

)

\\THITE AND WILLIAMS, LLP,

)

)

Defendant

)

ClVILACTIONNO.
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 (ADA) and

Title I of the Civil Rights Act of 1991 to correct nnlawful employment practices on the basis of

disability and to provide appropriate reltefto Jennifer Holumzer, who was adversely affected by

such practices. The Commission alleges that Defendant ,Vbite and Williams discriminated

against :Ms, Holurnzer, a qualified individual with a disability, when Defendant failed to provide

her with needed reasonable accommodations, and when it discharged her from her position as a

Workers!' Compensation attorney because of her disability. As a result of the r.!i1ure to

accommodate her disability and the discriminatory discharge, Ms. Holumzer suffered backpay

losses and severe emotional distress damages.

JURISDICTION ,"'"'I]) VENUE L Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section l07(a) of the Americans with with Disabilities Act of 1990 ("ADA"), 42 US.c. § 12117(.), which

incorporates by reference Section 706(1)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.s.C. 2000 - 5(1)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Pennsylvania,
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "CommiSSIOn"). is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 l.:.S.C. § 12117(a), which incorporates by reference Sections 706(1)(1) and (3) ofTitle VII, 42 U.S.C.§ 20000-5(1)(1). 4. At all relevant times, Defendant, White and Williams, LLP (the "Employer") has continuollsly been a Permsylvania corporation doing business in the Commonwealth of Pennsylvania and the City of Allentown, and has had at least 15 employees. 5, At all relevant times. Defendant Employer have continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 [;.S.c. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. §12111(7), which incorporates by reference Sections 701 (g) and (h) of Tille VII, 42 U.S.c. §§ 2tXlOe(g) and (h). 6, At all relevant times, Defendant Employer has been a covered entity under Section 101(2) of the ADA, 42 U.S.c. § \2111(2).
Page 2

STATEM&'IT OF CLAIMS 7. More tlwl thirty days prior to the institution of this lawsuit, Jennifer Holumzer filed a charge of discrimination with the Commission alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution -oftllis lawsuit have been fulfilled. 8. Since at least November 2002, Defendant has engaged in unlawful employment practices at its Allentown, Pennsylvania office, in violation of Section 102 of Title I of the ADA, 42 U.S.c, §§ 12112(a). (b)(l). (b)(5)(A) and (b)(5)(B), by discriminating against Ms. Holumzer. a qualified individual with a disability, Rheumatoid Arthritis. The unlawful employment practices include, bul are not limited to, the following: (a) On or about May 20.2002, Ms. Holurnzer was hired as an associate level attorney at Defendant's Allentown, PA office. Her duties consisted mainly of writing assignments and attending workers' compensation hearings within the tri-state area approximately three (3) times a month. At an relevant times, Ms. Holumzer perfonned her duties in a satisfactory manner) and was never disciplined, counseled, or advised ofany perfunnance issues regarding her work. (h) In or about October of 2002, Ms. Holurnzer began experiencing excruciating pain associated with her disability, and it became incre.asingly difficult to perfonn simple physical tasks at work. On or about November 5, 2002, Ms. Holumzer was hospitalized for pain and complications associated with her disabi1ity~ where she remained until November 9. 2002. She returned to work on or about November 1 J. 2002. (c) Upon her retum to work. Ms. Holumzer informed her supervIsor, Anthony Salvino, and the supervising partner of the Allentown Workers' Compensation grouP. Lori Kachmar, that she suffered from a disability, arthritis and that she needed certain reasonable
Page 3

accommodations. Soon thereafter. Ms. Holumzer's physician forwarded a letter to Defendant
specifying the exact accommodations that she WO'uld require. (dJ Immediately after learning that Ms. Holumzer suffered from a disability, and that she
required reasonable accommodations, Ms. Kaclnnar launched a campaign of verbal harassment and intimidation against Ms, HoJumzer which included constant demands that she resign, Ms.
Kathmar made statements such as ""You \-yill eventually need a joint replacement, how will you work then?" Kachmar also lured Ms. Ho[umzer to' a previously cancelled hearing in an empty
courtroom in order to further berate and intimidate her. Despite the verbal berating. Ms. Holzumer consistently expressed the desire to continue working for Defendant~ and she did not reSIgn.
(eJ On or about December 4,2002, Ms. Hohunzer was forced to take a medicalle.ve of absence, as her symptoms were severely exacerbated due to the continuing verbal hardssment of Ms. Kachmar. However~ prior to going on leave. Ms. Holumzer purchased the equipment that she had advised Defendant tMt she needed to accommodate her disability.
(f) While Ms. Holumzer was on leave, Ms. Kachmar created a 'Job description" for Ms. Holurnzer's position, which included onerous physically demanding requirements, among them, carrying 30-40 pound files without the use of elevators or carts. This job description did not accurately reflect the work Ms. Holumzer perfonned prior to Defendant's knowledge of her disabillty.
(g) Finally, only five days prior to Ms. Holurnzer's scheduled return to work on or about February 21, 2003, Ms. Hol\llllZCf was told by Defendant's Human Resources offieial, Joann
DiSanto, «don't bother to come back." if she could not be released to perform every task on the
Page 4

newly created job description, and/or if she still needed reasonable accommodations. Ms. Holumzer was informed that her employment was terminate~ and that another attorney had been hired to replace her. Upon infonnatlon and belief: the attorney replacing Ms. Holumzer does not have a disability.
{h) At all relevant times throughout her employment, Ms. Holurnzer could perform the essential functions of her position as an attorney, with or without an accommodation,
9. The effect of the practices complained of in paragraph 8 above has been to deprive Ms, HolUluzer of equal employment opportunities and othenvise adversely affect her starus as an
employee, because ofher disability. 10. The unlawful employment practices c.omplained of:in paragraph 8 above were
intentionaL 11, The unlawful employment practices complained of in paragraph 8 above were
done v.1.th malice or with reckless indifference to the federally protected rights of)',!s. Holurnzer. PMYER FOR RELIEF
Vvnerefore, the Commission respectfully requests that this Court: A. Grant a pennanent i1\iunction enjoining Defendantl its officersl successors, assigns, and all persons in active concert or participation with it) from engaging in any emplo)'JTIenl practice which discriminates on the basis of disability, including but not limited to discharging an employee because the employee is disabled and required reasonable
accommodations.
Page 5

B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities fur qualified individuals with disabilities, and which
eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Ms. Holumzer by providing appropriate backpay
with preJudgment interest. in amounts to be detennined at trial, and other affinnative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant to make whole Ms. Holumzer by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in
paragraphs 8 above in amounts to be determined at trial.
E. Order Defendant to make whole Ms. Holumzer by providing compensation for
past, present, and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including humiliation, emotional pain. suffering, anxiety, stress, loss of
enjoyment of life, depression, and exacerbation of physical problems, in al110unts to be
detennined at triaL
p, Order Defendant to pay Ms. Ho)umzer punitive damages for its malicious and reckless conduct, as described in paragraph 8 above, in amounts to be detennined at triaL
G. Grant such further relief as the Court deems necessary and proper in the public
interest. H. Award the Commission its costs oftffis action, JURYTRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint,
Page 6

RONALD S. COOPER General Counsel JA.MES L LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel W ., D.C. 20005
rJ· ! ,
Regional Attorney
~I/~~~~t;:~"~l:.:!:.iJ'::!:./f;;-t-..
~~(fiJlLfJ-;
Trial Attorney EQUAL ElvlPLOYME)lT OPPORTL~ITY COIYIMISSIO:\
Philadelphia District Office 21 South 5'" Street, Sm!e 400 Philadelphia, PA 19106 (215) 440-2642
Page 7

 
 Case 2:06-cv-03830-MMB Document 12 Filed 01/23/2007 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff, v.

) ) )

F I LED CIVIL ACTION NO.
06-cv-3830 (MSB)

WHITE AND WILLIAMS LLP,

)

)

AN 3 1 lOO?

Defendant.

)

,..---..-&1ruNZ. Clerk

ORDER

'"1'-~---.!Dep. Clerk

31 ~ay AND NOW, this

Y 'Jan of

v'ai'. ,2007, it is hereby ORDERED that

Defendant's Motion to Compel Compliance with Subpoena Duces Tecum is hereby GRANTED.

IT IS FURTHER ORDERED that within five (5) days of the date of this Order, Eric D.

Becker, M.D., shall produce a complete copy of all documents, whether in electronic or in hard

copy, in his possession or control, regarding Jennifer Holumzer, including but not limited to, all

psychological and/or medical records, evaluations, studies, counseling records, progress notes,

correspondence, charts, instructions, diagnoses, findings, prognoses, bills, charges, receipts,
I
documents from other providers, correspondence, and anecdotal notes.

,~" '

PHLDMS! 3035299v.!

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v.
WHITE AND WILLIAMS, LLP
Defendant.

: CIVIL ACTION : : 06-cv-3830 : : HON. MICHAEL M.BAYLSON : : : : : : :

STIPULATION OF VOLUNTARY DISMISSAL

Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, the parties hereto, through their undersigned counsel, hereby stipulate and agree that the within matter between Plaintiff EEOC and Defendant White and Williams, is hereby dismissed without prejudice and with each party to bear its own costs.

/s/ Rachel M. Smith______ RACHEL M. SMITH Trial Attorney U.S. Equal Employment Opportunity Commission 21 South 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2642 rachel.smith@eeoc.gov

/s/ Rick Grimaldi, Esq._______ RICK GRIMALDI, ESQ.
/s/ Tanya A. Salgado, Esq. TANYA A.SALGADO, ESQ. White and Williams 1800 One Liberty Place Philadelphia, PA 19103-7395 (215) 864-6350 grimaldir@whiteandwilliams.com salgadot@whiteandwilliams.com Counsel for Defendant White and Williams, LLP

Dated:_____________

Dated:_______________
SO ORDERED: MICHEAL M. BAYLSON, U.S.D.J. Dated:___________

 
 United States District Court Eastern District of Pennsylvania - Docket Report

Page 1 of 4

A/R, CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:06-cv-03830-MMB

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Date Filed: 08/29/2006

v. WHITE AND WILLIAMS, LLP

Date Terminated: 03/21/2007

Assigned to: HONORABLE MICHAEL M. BAYLSON Jury Demand: Plaintiff

Cause: 42:12101 The Americans with Disabilities Act of Nature of Suit: 445 Civil Rights:

1990

Americans with Disabilities -

Employment

Jurisdiction: U.S. Government

Defendant

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 LEAD ATTORNEY ATTORNEY TO BE NOTICED

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

RACHEL M. SMITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST. STE. 400 PHILA, PA 19106 215-440-2688 Email: rachel.smith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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United States District Court Eastern District of Pennsylvania - Docket Report

Page 2 of 4

V. Defendant WHITE AND WILLIAMS, LLP

represented by RICK GRIMALDI WHITE & WILLIAMS LLP 1800 ONE LIBERTY PLACE PHILADELPHIA, PA 19103-7395 215-864-6350 LEAD ATTORNEY ATTORNEY TO BE NOTICED
TANYA A. SALGADO WHITE AND WILLIAMS LLP 1800 ONE LIBERTY PLACE PHILADELPHIA, PA 19103-7395 215-864-6368 Email: salgadot@whiteandwilliams.com ATTORNEY TO BE NOTICED

Date Filed 08/29/2006 08/29/2006 08/29/2006 09/26/2006 09/29/2006
10/04/2006
10/23/2006

#

Docket Text

1 COMPLAINT against WHITE AND WILLIAMS, LLP , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(tj, ) (Entered: 08/29/2006)

Summons Issued; 1 Mailed to counsel 8/29/06 as to WHITE AND WILLIAMS, LLP. (tj, ) (Entered: 08/29/2006)

DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (tj, ) (Entered: 08/29/2006)

2 ANSWER to Complaint together with AFFIRMATIVE DEFENSES by WHITE AND WILLIAMS, LLP., Certificate of Service. (SALGADO, TANYA) Modified on 9/27/2006 (np). (Entered: 09/26/2006)

3 NOTICE of Hearing: PRETRIAL TELEPHONE CONFERENCE SET FOR 10/20/2006 03:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE MICHAEL M. BAYLSON; PLAINTIFF'S COUNSEL TO INITIATE. (Attachments: # 1 # 2)(ltm, ) (Entered: 09/29/2006)

4 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: Denise Hinkle served Summons and Complaint upon WHITE AND WILLIAMS, LLP by Personal Service. WHITE AND WILLIAMS, LLP served on 9/8/2006, answer due 9/28/2006. (fdc, ) (Entered: 10/04/2006)

5 TELEPHONE CONFERENCE SET FOR 12/14/2006 09:00 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THE CALL. COPIES OF NOTICE MAILED TO COUNSEL BY CHAMBERS.(sah) (Entered: 10/23/2006)

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10/23/2006
10/31/2006 11/07/2006
12/15/2006 12/15/2006 01/19/2007
01/23/2007 01/31/2007 02/09/2007 02/16/2007

6 SCHEDULING ORDER. DISCOVERY DUE BY 3/30/2007. MOTIONS DUE BY 4/13/2007. PLAINTIFF PRETRIAL MEMO DUE BY 4/20/2007. DEFENDANT PRETRIAL MEMO DUE BY 4/27/2007. TRIAL POOL SET FOR 6/4/2007. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 10/23/06. 10/24/06 ENTERED AND COPIES EMAILED AND FAXED BY CHAMBERS.(fdc) (Entered: 10/24/2006)
7 Minute Entry for proceedings held before Judge MICHAEL M. BAYLSON : Pretrial Telephone Conference held on 10/20/06. (fdc) (Entered: 10/31/2006)
8 TELEPHONE CONFERENCE SET FOR 12/14/2006 09:30 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THE CALL. THIS HAS BEEN CHANGED FROM THE 9:00 A.M. START TIME. COPIES OF NOTICE MAILED TO COUNSEL BY CHAMBERS.(sah) (Entered: 11/07/2006)
9 Minute Entry for proceedings held before Judge DAVID R. STRAWBRIDGE : Telephone Conference held on 12/14/06 (fdc, ) (Entered: 12/15/2006)
10 ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 2/15/07 AT 10:00 AM IN COURTROOM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. SIGNED BY JUDGE DAVID R. STRAWBRIDGE ON 12/15/06. 12/15/06 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 12/15/2006)
11 ORDER THAT THE DATES TO EXCHANGE EXPERT REPORTS HAVE BEEN EXTENDED FOR A PERIOD OF THIRTY (30) DAYS. PLAINTIFF: 2/19/07. DEFENDANT: 3/21/07. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 1/19/07. 1/19/07 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS.(fdc) (Entered: 01/19/2007)
12 MOTION to Compel Defendant's Motion to Compel Compliance with Subpoena Duces Tecum filed by WHITE AND WILLIAMS, LLP.Certificate of Service. (Attachments: # 1)(SALGADO, TANYA) (Entered: 01/23/2007)
13 ORDER THAT DEFENDANT'S MOTION TO COMPEL IS GRANTED. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 1/31/07. 1/31/07 ENTERED AND COPIES FAXED BY CHAMBERS. (fdc) Additional attachment(s) added on 5/16/2007 (fdc, ). (Entered: 01/31/2007)
14 Statement Disclosure Statement Form by WHITE AND WILLIAMS, LLP. (SALGADO, TANYA) (Entered: 02/09/2007)
15 NOTICE: SETTLEMENT CONFERENCE SET FOR 2/20/2007 01:00 PM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. THIS HAS BEEN RESCHEDULED FROM 2/15/07. COPIES OF NOTICE MAILED TO COUNSEL BY CHAMBERS.(sah) (Entered:

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02/22/2007 03/21/2007 03/23/2007

02/16/2007)
16 Minute Entry for proceedings held before Judge DAVID R. STRAWBRIDGE : Settlement Conference held on 2/20/07. (fdc, ) (Entered: 02/22/2007)
17 STIPULATION of Dismissal by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (SMITH, RACHEL) (Entered: 03/21/2007)
18 STIPULATION AND ORDER THAT CASE IS DISMISSED WITHOUT PREJUDICE AND WITH EACH PARTY TO BEAR ITS OWN COSTS.. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 3/23/07. 3/28/07 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS.(mas, ) Modified on 3/28/2007 (mas, ). (Entered: 03/28/2007)

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