Ex-Staffer Alleges K&L Gates Refused Accommodations for ADHD, Anxiety
Frank Krastman is suing the Pittsburgh-based firm for discrimination, alleging his manager refused to make disability accommodations and then fired him over his requests.
January 28, 2020 at 01:52 PM
3 minute read
A former business development staffer for K&L Gates has sued the firm for discrimination, alleging that his manager failed to meet his needs related to anxiety and ADHD, then fired him because of his requests for accommodations.
Frank Krastman filed a complaint Monday in the U.S. District Court for the Western District of Pennsylvania. He worked in K&L Gates' Pittsburgh office from August 2016 to March 2019, most recently as a CRM specialist, with many of his duties related to the firm's client relationship management system.
According to the complaint, Krastman was diagnosed with generalized anxiety disorder and attention deficit hyperactivity disorder in June 2018. He told his manager, associate director of marketing Eileen Mallin, in November 2018, and explained that he was easily distracted by the noisy work environment.
Krastman requested the ability to get a laptop for his job and work from home, the complaint said, but later learned from a human resources director that his manager had denied the request.
A few days later, Krastman alleged, Mallin informed him that he would be limited to working 39.5 hours each week going forward, and that he would have to get approval before working any overtime. The same week, he received a negative performance review from Mallin for the first time, he alleged.
Krastman made another request to work from home part-time in December 2018, and again it was denied, he alleged.
"Mallin told the plaintiff that she was concerned that other employees would want to work from home if she granted his request," the complaint said. "However, other similarly situated employees without disabilities were permitted to work from home. Further, the plaintiff's request was a request for an accommodation related to his disability, not merely for his convenience."
Instead, the complaint said, the firm provided Krastman with noise-reducing headphones to wear in the office in January 2019. The same month, Mallin "expressed her 'concerns' regarding the plaintiff's work and productivity" and asked that he begin providing her with daily reports detailing everything he did that day.
According to the complaint, Krastman felt additional pressure to complete more work because of the daily report requirement, and he began working off the clock to get work done without exceeding his weekly hours.
In March 2018, he was accused of overstating the amount of work he had done in a daily report, and he was fired.
"The reason given for the plaintiff's termination was a pretext; the real reason for his termination was because of his disability and the employer's refusal to provide a reasonable accommodation," Krastman alleged.
The Equal Opportunity Employment Commission issued him a right to sue in December.
A spokesman for K&L Gates did not immediately respond to a request for comment Tuesday.
Krastman is represented by Pittsburgh lawyer Michael Bruzzese.
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