Duane Morris Class Action Review - 2023 - Report - Page 149
A.
EEOC Litigation
1.
ADA Cases
Enforcement of the Americans with Disabilities Act (ADA) remains a core priority of the
Commission. 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), an
enforcement action against various Geisinger entities on behalf of a former nurse of
Geisinger Wyoming Valley Medical Center, Rosemary Casterline, and other aggrieved
former and current employees. The EEOC alleged that the Geisinger defendants
violated Title I of the ADA by discriminating against and failing to accommodate
Casterline and others who took medical leave by requiring them to re-apply and
compete for employment opportunities to return to work and requiring them to be the
“most qualified” applicant. For similar reasons, the EEOC additionally claimed that the
defendants retaliated against Casterline and other employees and interfered with their
ADA rights in violation of Title V. The defendants moved to dismiss on all counts, and
the court ruled in favor of the defendants with the exception of two issues. In siding with
Geisinger, the court held that the EEOC failed to plead facts sufficient to allege that the
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Duane Morris Class Action Review – 2023
