A.EEOC Litigation1.ADA CasesEnforcement of the Americans with Disabilities Act (ADA) remains a core priority of theCommission. In 2022, it pursued a myriad of ADA-related lawsuits.One of the most significant ADA lawsuits brought by the Commission is EEOC v.Geisinger Health, 2022 U.S. Dist. LEXIS 188749 (E.D. Penn. Oct. 17, 2022), anenforcement action against various Geisinger entities on behalf of a former nurse ofGeisinger Wyoming Valley Medical Center, Rosemary Casterline, and other aggrievedformer and current employees. The EEOC alleged that the Geisinger defendantsviolated Title I of the ADA by discriminating against and failing to accommodateCasterline and others who took medical leave by requiring them to re-apply andcompete for employment opportunities to return to work and requiring them to be the“most qualified” applicant. For similar reasons, the EEOC additionally claimed that thedefendants retaliated against Casterline and other employees and interfered with theirADA rights in violation of Title V. The defendants moved to dismiss on all counts, andthe court ruled in favor of the defendants with the exception of two issues. In siding withGeisinger, the court held that the EEOC failed to plead facts sufficient to allege that the148© Duane Morris LLP 2023Duane Morris Class Action Review – 2023
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