In a decision drawing renewed attention to the treatment of workers with disabilities, a federal judge in Pennsylvania has refused to dismiss a lawsuit brought by a former dispensary supervisor who claims he was punished after reporting a colleague’s use of the slur “cripple” to describe him.
U.S. Magistrate Judge Elizabeth T. Hey issued a 17-page opinion last week denying summary judgment to Restore Integrative Wellness LLC, ruling that former employee Daniel Daly had presented sufficient evidence to take his disability discrimination and retaliation claims to trial.
Daly, who was born with thrombocytopenia-absent radius syndrome—a rare condition affecting arm development and platelet levels—alleges that his supervisor disciplined him the day after he reported a disturbing comment made by a co-worker: “I almost punched a cripple.” Daly resigned shortly after receiving what he says was an unfair “final warning” that violated company policy.
In her ruling, Judge Hey noted that the evidence “could reasonably disbelieve the employer’s articulated reason for disciplining Mr. Daly” and emphasized that Daly had also provided support for his claim that his report of disability-related harassment was met with retaliatory discipline.
The case—Daly v. Restore Integrative Wellness LLC, filed in the Eastern District of Pennsylvania—centers not only on the alleged slur, but also broader concerns about how employers respond when workers with disabilities speak up.
In a statement quoted by Law360, attorney Joseph F. Leeson III of Leeson & Leeson, who represents Daly, said:
“This ruling is more than a legal milestone — it is a clear acknowledgment that our client’s voice matters and that the rights of individuals with disabilities in the workplace must be respected and upheld.”
https://www.law360.com/employment-authority/discrimination/articles/2350423/pa-pot-shop-can-t-dodge-ex-worker-s-disability-bias-suit
Leeson’s statement reflects the ethos of his firm, Leeson & Leeson, based in Bethlehem, Pennsylvania, which has earned a reputation for aggressively defending the rights of individuals. With this ruling, the firm continues its track record of pushing cases forward that highlight systemic inequities and the human cost of workplace bias.
If you or someone you know has experienced discrimination or retaliation in the workplace or has been injured by the acts of another, Leeson & Leeson encourages you to speak up. Justice starts with being heard.
Learn more about the firm’s advocacy at www.LeesonLaw.com.
