Lawsuit claims agency refused to hire disabled man

Reed: Offer withdrawn after potential employer learned he is an amputee

An area agency that provides transportation services for older citizens and the disabled has denied that it unfairly discriminated against an amputee who claims in a federal civil rights lawsuit he was not hired as a driver for the Senior Transportation Program due to his disability.

The Huntingdon-Bedford-Fulton Area Agency on Aging late last week repeatedly denied allegations by Michael Reed of Saxton that it initially hired him as a driver but withdrew its offer after learning he was an amputee.

Reed explained in the lawsuit, filed by Pittsburgh attorney Kyle H. Steenland of the Workers' Rights Law Group LLC, that after he insisted he could do the job, the agency's transportation director questioned whether the passengers "would feel comfortable with the fact that (Reed) had an above-the-knee amputation of one of his limbs."

Reed replied that he was being fitted for a prosthetic leg and asked if that would be "a suitable arrangement" to allay the possible concerns of the riders.

The agency's director "renewed an offer of employment ... with the sole condition that (Reed) first obtain a prosthetic leg," according to the lawsuit.

In December 2021, Reed, according to the lawsuit, stated he received a prosthetic leg.

He contended that he attempted to contact the agency to state he was "ready, willing and able to commence his reemployment with HBF."

The agency never returned his calls.

It eventually employed a non-disabled person for the driver's position, the lawsuit stated.

The federal complaint asserts the agency through its rejection of Reed on two occasions violated the American with Disabilities Act and the Pennsylvania

Human Relations Act.

According to the federal petition, Reed filed a complaint with the Equal Employment Opportunity Commission and on Dec. 20, 2022, he received permission to sue.

His lawsuit was filed in the federal District Court in Johnstown in early March and the agency answered the lawsuit last week.

The two sides in their court filings outlined different scenarios as to what occurred in the case.

Reed contends that he submitted an application for employment with HBF as an operator and driver for a Call And Ride Travel van.

He argues that, "given his previous work history, background and years of experience in operating motor vehicles for commercial enterprises and organizations, (he) was a superbly qualified candidate for the position."

He submitted a written application for the job and someone from the agency contacted him and told him that he was an excellent candidate and extended him an offer of employment.

He accepted the position, and on Nov. 15, 2021, he went to the agency for an orientation meeting.

He was sitting in a chair while talking to the agency's transportation director, but when he stood up to shake hands, he said the director "glared and gasped" upon seeing his amputation.

The director left the office for a moment, then returned and said to Reed, "Sorry, you cannot work here."

The agency denied any such incident occurred.

It denied that it had offered Reed employment over the telephone.

It denied Reed was invited to an orientation meeting and that he had accepted a job offer.

It also denied that an orientation meeting occurred and that the agency employee was startled when seeing Reed was an amputee.

The agency denied any discussion occurred about Reed's plans to obtain a prosthetic leg and addressed Reed's contention that the employment offer would be renewed if he obtained a prosthetic leg.

The agency emphasized in its answer that Reed had submitted an application for employment and scheduled an interview on May 10, 2021, but did not appear for the interview.

It stated Reed applied a second time and was granted an interview on Sept. 9, 2021, but, the defense contended, terminated his application after he was told what his duties would be.

The agency denied that Reed submitted an application in November.

The Reed lawsuit claims two civil rights violations under the federal Americans with Disabilities Act and the Pennsylvania Human Relations Act for failure to hire and a count of failure to offer an accommodation.

He also charges retaliation under the two acts.

Reed is requesting money damages and attorney fees for the violations.

In reaction to the agency's total denial of Reed's story, his attorney stated, "The Workers' Rights Law Group always stands ready to hold employers accountable to the standards set by our state and federal anti-discrimination laws. We will continue to do that in the course of this instant litigation and we look forward to advancing Mr. Reed's rights notwithstanding the answer filed in this matter."

The attorney for the agency, Teresa O. Sirianni of the Pittsburgh law firm of Marshall Dennhey Warner Coleman & Goggin, who filed the answer to Reed's complaint, could not be reached for comment.

Reed also could not be reached for comment on his case.