Elliott Greenleaf’s Henry F. Siedzikowski and Aimee L. Kumer won a significant victory for a hospital-employer in an age-discrimination suit in the United States District Court for the Eastern District of Pennsylvania. On November 15, 2016, following a five and a half day trial, the eight member jury returned a unanimous verdict in favor of the hospital on all counts.
The suit was originally filed as a seventeen count complaint, which Elliott Greenleaf successfully moved to dismiss in part, reducing the total claims to ten. The Firm then successfully obtained the dismissal of additional claims at summary judgment, reducing the suit to three counts, under the federal Age Discrimination in Employment Act, the Pennsylvania Human Relations Act and common law assault. The plaintiff, a nurse, asserted she had been wrongfully terminated on the basis of her age, and subjected to a hostile work environment on that same basis. The hospital maintained that the plaintiff had been terminated for falsifying a medical record, and that no hostile work environment was ever created. The jury’s ruling vindicated the business judgment of the hospital in the management of its emergency department and its refusal to tolerate conduct from an employee that had the potential to compromise patient care.
Henry Siedzikowski, Aimee Kumer and Gage O’Connell represented the defendants in the case.