Filed Date: April 7, 2006
Closed Date: March 26, 2007
Clearinghouse coding complete
This is a case about a former employee alleging disability discrimination against his employer. On April 7, 2006, a former employee at the defendant employer filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiff sued his employer, a corporation that provides customer management services on a contract basis to other businesses, under the Americans with Disability Act and the Family Medical Leave Act. Represented by counsel, the plaintiff sought compensatory damages, including wages and benefits lost as a result of his discharge, and an award of punitive damages. He claimed that the reason he was fired was pretext for discrimination based on his disability.
The plaintiff worked at the defendant employer as a Lead Agent starting in February 2001. In May 2002, the plaintiff was diagnosed with blockage of a coronary artery and extreme high cholesterol and notified his employer of his diagnosis. He was placed on intermittent FMLA leave until September 2004. During this time frame, the plaintiff was also diagnosed with asthma. In September 2004, the plaintiff did not seek recertification of his family medical leave because he believed that his condition was improving. By early 2005, however, plaintiff’s asthma worsened, and he missed several days of work and was late arriving to work on several occasions. He subsequently applied again for intermittent family medical leave. Human Resources informed him that each time he was late or missed work, he was required to call his employer's call-off line, his supervisor, and the HR Representative. On March 15, 2006, the plaintiff complained to Human Resource Manager that he was unable to comply with the call-off policy because he worked nights and would have to stay awake during the day to call in when he should be sleeping, which would aggravate his symptoms. One day later, on March 16, 2006, the HR Manager called the plaintiff into his office and informed him that he was being discharged for violating the Code of Ethics, as he was pled guilty to indecent assault charges in September 2004. The plaintiff alleged that this reason was a pretext to cover up illegal discrimination and retaliation, and he filed suit under FMLA and the ADA on April 7, 2006.
The defendant employer filed an answer with affirmative defenses on June 26, 2006. Specifically, the defendant employer pointed to a mandatory arbitration agreement entered between the parties that controlled the action. A case management conference was held on July 14, 2006.
On July 17, 2006, the Court referred the case to non-court arbitration. The Order provided that the parties agreed to submit the matter to final and binding private arbitration, and the parties entered a joint stipulation to dismiss the action with prejudice on March 23, 2007, which the Court approved on March 26, 2007. The details of any private arbitration are unknown to the Clearinghouse.
This case is now closed.
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12102477/parties/means-v-teletech/
Schwab, Arthur J. (Pennsylvania)
Kunkel, Gregory T. (Pennsylvania)
Herne, Amy J. (Pennsylvania)
Miller, Kurt A. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/12102477/means-v-teletech/
Last updated March 11, 2025, 10:28 a.m.
State / Territory: Pennsylvania
Case Type(s):
Key Dates
Filing Date: April 7, 2006
Closing Date: March 26, 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A former employee of employer defendant
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
TeleTech (Uniontown, Fayette), Private Entity/Person
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
Discrimination Area:
Discharge / Constructive Discharge / Layoff
Discrimination Basis: