The Philadelphia-based legal firm Saltz, Mongeluzzi & Bedensky PC has been directed by a federal court to face a lawsuit from an ex-employee. The plaintiff, Desiree Purvenas-Hayes, alleges that her former employer disclosed her medical information without consent, breaching the confidentiality mandates of the Americans with Disabilities Act (ADA). The court deemed her claim of suffering emotional distress and embarrassment from this exposure as tangible damage permitting the lawsuit’s progression.
The controversy arose from a situation born out of Purvenas-Hayes’ employment with Saltz, Mongeluzzi & Bedensky as a litigation paralegal until July 2021. A year after her departure, she lodged a complaint against the firm, accusing it of failing to compensate her for overtime. Firm founder Roger Mongeluzzi responded to the lawsuit in an interview with a Philadelphia legal news service, stating Purvenas-Hayes’ refusal to receive the Covid-19 vaccine led to her departure from the firm.
Following this, Purvenas-Hayes launched a subsequent lawsuit, asserting the company had infringed ADA’s confidentiality stipulations by making public comments about her confidential medical information.
In response to the ADA lawsuit, the firm contended its request for Covid-19 vaccination information was not an “inquiry” as defined by the ADA. However, Judge Joshua D. Wolson of the US District Court for the Eastern District of Pennsylvania disagreed. He ruled that the firm’s request for information about her vaccination status constituted an “inquiry” under the ADA that set off the statute’s need for confidentiality.
Firm attorney Morgan, Lewis & Bockius LLP demonstrated the ADA’s restrictions on inquiries about disabilities. However, he emphasized that it permits inquiries into an employee’s capacity to perform job-related functions. This insinuates that the ADA’s remit extends to inquiries that don’t directly relate to disabilities. This point was instrumental in highlighting Saltz, Mongeluzzi & Bedensky PC’s obligation to handle the disclosed medical history and vaccination status information as confidential.
Wayne A. Ely of Richboro, Pa., is representing Purvenas-Hayes. For more details on the case docket, you can visit the webpage Purvenas-Hayes v. Saltz, Mongeluzzi & Bedensky PC.
For more information, refer to the original report.