Carbon worker files suit
A Carbon County 911 dispatcher has filed a lawsuit against her employer after she was allegedly discriminated against following an assault last year.
The senior dispatcher at the 911 communications center, whose name is being withheld as a victim of a crime, filed the suit against Carbon County in United States District Court for the Middle District of Pennsylvania on Feb. 20. She is asking for a jury trial in the case.
According to the suit, the worker alleged that Carbon County, as her employer, violated Titles I and II of the Americans with Disabilities Act, Rehabilitation Act of 1973 and the Family and Medical Leave Act after not permitting her to return to work following time off for health matters.
She was hired by the county in February 2007, working as a part-time 911 dispatcher until January 2012, when she was moved to full time. She was then promoted to a senior 911 dispatcher in April 2015.
Court papers state that the complaint is a result of actions following a sexual assault matter that she experienced on March 17, 2024.
She had been injured in the assault and reported the injuries to her supervisor on April 9 following meeting with a surgeon, who recommended speaking to her supervisor since the surgical procedure would require time off from her job.
The case states that her direct supervisor insisted she report the assault to police and she said she was not yet prepared to report it.
Following that conversation, she said her supervisor spoke with a borough police officer where the assault took place and disclosed her personal information with the officer.
The woman said in the suit that she “felt pressured to do so by her employment supervisor and went to the police station and filed a report.”
Two days later, upon returning to work, the worker said she was questioned by both the 911 director and assistant 911 director regarding the sexual assault and was pressured to press charges against the person responsible; however, later that evening, the officer who took her report contacted her and stated the man in question “had said some troubling things to say” about her.
On April 12, the woman said she went to work and was called into her supervisor’s office and told that she was being written up for calling off sick, as well as being suspended for a call that happened a week after her alleged sexual assault.
However, she continued working on April 13 and 14, and handled calls from the same person where a police officer was refusing to respond. She then reported this matter to her supervisor.
The suit states that “at no time during the above matter was the plaintiff’s character ever called into question because she was doing her job taking calls, giving them out and trying to get them handled and advising her direct supervisor of an issue.”
On April 15, she requested FMLA paperwork from the county Human Resources department and told on April 16 by an HR employee that if the woman “had gone to the ER the night your rape happened, we wouldn’t be here now, would we?”
The woman also questioned her suspension for calling off due to her injuries from the assault.
Court papers state the worker requested the FMLA paperwork for purposes of counseling, however her doctor, during his exam, found another serious health condition not related to the assault and was advised to take a few days off from work due to the medications required and the symptoms she was experiencing.
The woman called off sick April 17 and 18. She then received a phone call from the HR director advising her that she was being placed on unpaid administrative leave following complaints from co-workers stating she was talking about her sexual assault while on the job, and could not return to work until she was seen by a mental health provider and cleared to return.
The plaintiff states that Carbon County never made any attempts to follow up with her and ensure her safety after incorrectly stating that she was suicidal and a high risk to the job.
The woman then filed a charge of discrimination under the Americans with Disabilities Act and the EEOC. She received notice of her right to sue on Dec. 23 and had 90 days to file a complaint.
The woman says that as a result of the mishandling of her matter, she has “suffered mental and emotional distress” and has asked that she be reinstated to her job, receive her accumulated leave balances, including back wages, health and other benefits from Carbon County, as well as recover any compensatory damages, attorneys’ and witness fees, costs and expenses of litigation in this matter.
Carbon County Commissioners’ Chairman Mike Sofranko said that county had no comment on the suit at this time.
The worker is represented by attorney Harry T. Coleman. Her case has been assigned to federal Judge Karoline Mehalchick.