Case 4:17-cv-00304-MWB Document 1 Filed 02/17/17 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JASON RICHARD, : CIVIL ACTION
:
Plaintiff, : No.
v. :
: JURY TRIAL DEMANDED
STATE COLLEGE BOROUGH :
WATER AUTHORITY,
:
:
Defendant. :

COMPLAINT
Plaintiff Jason Richard, by and through his attorneys, Stephen Franko, Esq.,

hereby files this Complaint against Defendant, and in support avers as follows:

INTRODUCTION

State College Borough Water Authority (Defendant) discriminated and

retaliated against Jason Richard (Richard), due to his disability. This action seeks

equitable relief, as well as monetary damages, to redress Defendants unlawful

discrimination and retaliation, in violation of the American with Disabilities Act

(ADA), 42 U.S.C. 12101; and the Pennsylvania Human Relations Act, 43 P.S.

955.

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JURISDICTION AND VENUE

1. This Court has jurisdiction under the American with Disabilities Act (ADA),

42 U.S.C. 12101 and supplemental jurisdiction over Plaintiffs related state

law claims.

2. The events or omissions giving rise to these claims, occurred within the

jurisdiction of the Middle District of Pennsylvania.

3. Plaintiff filed a charge with the Equal Employment Opportunity Commission

(EEOC), which issued him a right to sue letter on November 22, 2016.

PARTIES

4. Plaintiff Jason Richard, (Richard) an adult male individual, currently

resides at 1000 Cortland Drive, PO Box 445, Lemont, PA 16581.

5. Defendant State College Borough Water Authority is a business located at

1201 W. Branch Rd., State College, PA 16801 and employed Richard at all

times relevant hereto.

FACTS

6. Richard began working for Defendant in October 2003 as a Field Crew

Laborer.

7. Richard suffers from a learning disability which makes it difficult for him to

take tests.

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8. On February 3, 2016 Richard was called into a meeting with Garth Brown,

Susan Runk, John Lichman, and Brian Heiser. Plaintiff assumed that it was

for an assistant supervisor position which had become available.

9. Richard had been told for many years that he would be next for supervisor of

the meter shop and also received training for the position.

10.There are two assistant supervisor positions, backflow prevention and

supervisor. Richard was informed in this meeting that he must take the

backflow position.

11.Richard then went to the assistant executive director, Brian Heiser and

inquired into who received the supervisor position as he was given backflow.

12.Richard was informed by Heiser that a new hire, Nick, was given the

department head position.

13.Richard asked why Nick had been given this position, and why there were no

interviews or job postings for the department head position. Richard was told

that Nick has a college degree and that he did not have to explain why there

was no job posting.

14.Richard stated that over the past several years, everyone had moved up to new

positions in three different departments and that none of them required a

college degree. Again, Heiser stated that he did not have to explain.

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15.Heiser further stated that, had Jim Stere stayed with Defendant, he would have

been promoted to department head however Jim does not have a degree.

16.The following day Richard was called into Lichmans office and informed

that the department head position had been rewritten and that it now required

a college degree.

17.Eric Miller, a meter reader, Larry Hold, Jim Stere, and Don Butts stated that

my supervisor, Garth Brown, would call Richard names and stated that he

would make sure Richard, and coworker Don Butts, who has the same

disability, would not get promoted.

a. Eric Miller was told by Garth Brown that if he stayed in the department

he would get the supervisor position.

18.Richard filed an EEOC charge alleging disability discrimination in June 2016.

19.Richard was retaliated against for filing an EEOC charge by receiving

disciplinary action for not being trained properly in backflow procedures.

20.Mr. Brown made a number of retaliatory comments towards Richard

including:

a. That Richard should go to the doctors and have a camera shoved up

his ass to see whats wrong with his throat, when Richard was sick.

b. That Richard must be sick from having sex with a whore.

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c. Mr. Brown made a threat towards Mr. Richard saying, I wish you were

gone.

i. Mr. Richard asked if that was a death threat?

ii. Mr. Brown responded, Take it as you want.

d. Richard took this information to the board, but nothing was done.

21.Lichman contacted Richard and left a voicemail in retaliation for complaining

about the discrimination stating that he would make Richard look bad Brian

Heiser intended to add negative things into Richards personnel file in order

to cause damage to Richard.

22.Richard had never had disciplinary action nor a negative performance review

until filing his EEOC Charge alleging disability discrimination.

23.Lichman informed Richard when you go looking for another job dont have

them call anyone but me, because everyone else here will make you look bad.

24.As of the date of filing of this Complaint, Defendant is still adding false,

negative items to Richards personnel file to retaliate against him for filing a

charge of discrimination with the EEOC.

25.Since filing the EEOC charge Mr. Richards new department boss has been

taking pictures of him while hes working.

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26.Richard is currently under a doctors care to treat the stress and anxiety

perpetrated by the discrimination and retaliation he is experiencing while

working for Defendant.

27.Richard is still employed by Defendant.

COUNT I
American with Disabilities Act (ADA), 42 U.S.C. 12101
DISABILITY DISCRIMINATION

28.All preceding paragraphs are hereby incorporated, as if specifically averred

herein.

29.The statute prohibits discrimination against employees with disabilities, and

protects employees from coercion, intimidation, threats, harassment, or

interference with exercising their rights granted by the ADA.

30.Richard was denied a promotion due to his disability.

31.Richard was damaged by Defendants actions.

WHEREFORE, Plaintiff respectfully requests this Court enter judgment in

his favor, and award the following damages against Defendants:

a. Injunctive and declaratory relief;

b. Loss of back wages;

c. Loss of future wages;

d. Punitive damages;

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e. Attorneys fees and costs;

f. Pre-judgment and continuing interest; and

g. Other such relief as the Court may deem just and proper

COUNT II
American with Disabilities Act (ADA), 42 U.S.C. 12101
RETALIATION

32.Richard was harassed by management for filing a disability discrimination

claim with the EEOC.

33.Richard was retaliated against and disciplined for filing a disability

discrimination claim with the EEOC.

34.Richard was given a negative review, for the first time in more than a decade

of employment with Defendant after filing a disability discrimination claim

with the EEOC.

35.Richard has received false, negative items in his personnel file in retaliation

for filing a disability discrimination claim with the EEOC.

36.Richard was damaged by Defendants actions.

WHEREFORE, Plaintiff respectfully requests this Court enter judgment in

his favor, and award the following damages against Defendants:

(A) Injunctive and declaratory relief;

(B) Loss of back wages;

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(C) Loss of future wages;

(D) Punitive damages;

(E) Attorneys fees and costs;

(F) Pre-judgment and continuing interest; and

(G) Other such relief as the Court may deem just and proper

COUNT III
Pennsylvania Human Relations Act (PHRA), Title 43 P.S. 955
DISABILITY DISCRIMINATION

37.All preceding paragraphs are hereby incorporated, as if specifically averred

herein.

38.The statute prohibits discrimination against employees with disabilities, and

protects employees from coercion, intimidation, threats, harassment, or

interference with exercising their rights granted by the ADA.

39.Richard was denied a promotion due to his disability.

40.Richard was damaged by Defendants actions.

WHEREFORE, Plaintiff respectfully requests this Court enter judgment in

his favor, and award the following damages against Defendants:

(H) Injunctive and declaratory relief;

(I) Loss of back wages;

(J) Loss of future wages;

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(K) Punitive damages;

(L) Attorneys fees and costs;

(M) Pre-judgment and continuing interest; and

(N) Other such relief as the Court may deem just and proper

COUNT IV
Pennsylvania Human Relations Act (PHRA), Title 43 P.S. 955
RETALIATION

41.Richard was harassed by Lichman for filing a disability discrimination claim

with the EEOC.

42.Richard was retaliated against and disciplined for filing a disability

discrimination claim with the EEOC.

43.Richard was given a negative review, for the first time in more than a decade

of employment with Defendant after filing a disability discrimination claim

with the EEOC.

44.Richard has received false, negative items in his personnel file in retaliation

for filing a disability discrimination claim with the EEOC.

45.Richard was damaged by Defendants actions.

WHEREFORE, Plaintiff respectfully requests this Court enter judgment in

his favor, and against Defendant, and award the following damages against

Defendants:

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a. Injunctive and declaratory relief;

b. Loss of back wages;

c. Loss of future wages;

d. Punitive damages;

e. Attorneys fees and costs;

f. Pre-judgment and continuing interest; and

g. Other such relief as the Court may deem just and proper

Plaintiff demands jury trial on all issues so triable.

Respectfully submitted by:

/s/ Stephen H. Franko

Stephen H. Franko
120 Bridge Street
Tunkhannock, Pa 18657
(570) 731-3000
Attorney for Plaintiff

DATED: February 17, 2017

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JS 44 (Rev. 12/12)
Case 4:17-cv-00304-MWB Document 1-1 Filed 02/17/17 Page 1 of 2
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Jason Richard STATE COLLEGE BOROUGH WATER AUTHORITY

(b) County of Residence of First Listed Plaintiff Centre County of Residence of First Listed Defendant Centre
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Stephen H. Franko
120 Bridge Street
Tunkhannock, PA 18657 (570)-731-3000

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 530 General
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
American with Disabilities Act (ADA), 42 U.S.C. 12101
VI. CAUSE OF ACTION Brief description of cause:
American with Disabilities Act (ADA), 42 U.S.C. 12101;
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 150,000.00 JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
02/17/2017 /s/Stephen H. Franko
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/12) Case 4:17-cv-00304-MWB Document 1-1 Filed 02/17/17 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.