A West Penn Township employee filed a lawsuit against the municipality in July, alleging violations of the Americans with Disabilities Act, the Family Medical Leave Act, the Fair Labor Standards Act, and other federal and state laws.

The complaint, filed in the U.S. District Court for the Middle District of Pennsylvania, outlines a series of alleged discriminatory and retaliatory actions that Carla Fritz says led to her termination in October 2023.

West Penn Township is named as the defendant in the complaint, which alleges that the township harassed her, cut her hours, and eventually fired her in retaliation for exercising her rights under the ADA and FMLA.

‘Harassment and retaliation’

Fritz began working for West Penn Township in September 2021 as support staff for the police department.

According to the complaint, her troubles began in 2022 when Glenn Hummel, a township supervisor who served as a liaison to the police department, allegedly began to harass her.

“Hummel’s harassment became so severe that in August 2023, (Fritz) sought medical care,” the complaint states.

On Aug. 9, 2023, Fritz was diagnosed with severe anxiety, which her physician attributed to work-related stress.

In response to her diagnosis, Fritz requested leave under the Family Medical Leave Act on the same day. Initially, the township denied her request for FMLA leave, prompting Fritz to report her employer to the U.S. Department of Labor.

Following her complaint, West Penn Township reversed its decision and granted her FMLA leave, but the lawsuit claims that this did not stop the harassment and retaliation.

Fritz alleges that after her FMLA leave was approved, West Penn Township retaliated by reducing her work hours and increasing harassment.

“The reduction in hours was retaliatory,” the complaint asserts, noting that Fritz did not request fewer hours and that the decision was made after she disclosed her disability.

The harassment escalated further, according to Fritz. The complaint states, “The threats to (Fritz’s) employment escalated dramatically once the Defendant was advised of (Fritz’s) disability.”

The lawsuit claims that the township sought to force Fritz out of her job through increased harassment, threats of termination and refusal to pay for hours worked. Ultimately, she was terminated on Oct. 7, 2023, with West Penn Township citing budgetary reasons for her dismissal.

Fritz contends that the township’s reasons for her termination were pretextual, arguing that the real motive behind her dismissal was her disability and her efforts to assert her rights under the ADA and FMLA.

Disability

discrimination

A significant part of Fritz’s lawsuit centers on her diagnosis of severe anxiety, which she claims qualifies as a disability under the ADA.

“(Fritz) is a ‘qualified individual with a disability’ as the term is defined in the ADA, because she has, and has had, at all-times relevant hereto, a physical or mental impairment that substantially limits one or more of her major life activities,” the complaint argues.

Fritz’s anxiety, according to her complaint, affects major life activities including sleeping, working and thinking. Despite her condition, Fritz maintains that she was able to perform the essential functions of her job. The complaint further alleges that West Penn Township perceived Fritz as having an impairment that substantially limited her major life activities, which led to discriminatory actions.

After her diagnosis, Fritz requested leave as an accommodation for her condition.

“The request for leave as an accommodation was reasonable,” the lawsuit states, but it alleges that West Penn Township did not engage in a good faith effort to provide the necessary accommodation.

Instead of helping her manage her condition, Fritz claims that the township retaliated by cutting her hours and continuing the harassment.

The lawsuit states that these actions “constituted unlawful discrimination against (Fritz) based on her disability or perceived disability.”

Unpaid wages, overtime violations

Fritz’s complaint also accuses West Penn Township of violating the Fair Labor Standards Act by failing to pay her for all hours worked, including overtime. The lawsuit details Fritz’s normal work schedule, which was from 8 a.m. to 5 p.m., with a one-hour unpaid lunch break. However, Fritz claims that she was never able to take her lunch break due to the demands of her job, resulting in an estimated 516 unpaid hours between September 2021 and Oct. 7, 2023.

“During the above period (Fritz) never took her lunch because she was unable to do so,” the complaint alleges, adding that Fritz was not compensated for the extra hours she worked during what should have been her lunch break. The unpaid hours are estimated to be significant, as Fritz alleges that she worked 45 hours per week, but was only compensated for 40 hours.

In addition to her regular duties, Fritz claims that she was asked to perform additional tasks, such as cleaning and painting the township’s offices. She alleges she was promised compensation for that extra work, but was never paid.

“Plaintiff performed 40 hours of uncompensated work cleaning and painting,” the lawsuit states, adding that she completed another 40 hours of unpaid work in January and February 2022 under similar circumstances.

The total amount of uncompensated hours, including overtime, that Fritz claims amounts to 596 hours.

“(Fritz’s) regular rate of pay was $18 per hour,” the lawsuit notes, and Fritz is seeking compensation for those hours, including overtime pay at 1.5 times her regular rate, as required by the FLSA.

Breach of contract

Fritz is also pursuing a breach of contract claim against West Penn. According to the lawsuit, the township had verbally agreed to pay Fritz $18 per hour for her regular duties and $15 per hour for the additional cleaning and painting work. Despite the agreement, Fritz claims that she was never paid for the extra work she performed.

“When (Fritz’s) employment was terminated in October of 2023, she asked to be compensated for the 80 hours of uncompensated painting and cleaning, only to be told to ‘prove it,’” the complaint states.

Legal relief sought

In her lawsuit, Fritz is seeking several forms of relief, including back pay and benefits, compensation for emotional pain and suffering, and punitive damages. She is also seeking payment for the unpaid hours she worked, including overtime, and damages for breach of contract.

The complaint also asks the court to issue a permanent injunction preventing West Penn Township from discriminating against employees with disabilities and retaliating against employees who assert their rights under federal or state law.