This column is supposed to be about the happenings in the South County Division of the Bar Association . Although we have our Installation Dinner scheduled for October 14 , 2021 , we are once again / still in Covid- 19 protocols , so it is at unclear at this time if the event will take place . Thus , instead of talking about hypothetical happenings , I want to relate a story about a client who changed my life .
For the most part , we practice law because we hope to resolve our client ’ s issues in a calm , expeditious , favorable and affordable way . Over the years , we will represent hundreds of clients , most of whose names and faces we may forget . But every once in a while , a client comes along who you will never forget , hopefully for positive reasons , and who becomes your lifelong friend . For me , that person is Jane Gagliardo .
I had the pleasure of previously representing Jane in a minor auto accident . In May , 1996 , she called me in tears , as she had just been terminated by her employer , a pharmaceutical company , Connaught Laboratories , in Swiftwater , Pa . Jane had been an employee there since 1987 , essentially taking phone orders for vaccinations and fulfilling the orders . Connaught also used outside telemarketers , and after a few years at the company , Jane suggested to the President of the company that if he would consider allowing her to work shorter hours , she would take a part time job at a telemarketing company , learn the business , and bring what she learned back to Connaught . He agreed , and ultimately Jane was promoted to a position running an in-house telemarketing department .
The new department saved Connaught a lot of money , and made a lot of money as well . But , because Jane did not have a college degree , she was ultimately replaced as manager , and returned to her old position .
Jane was also diagnosed with Multiple Sclerosis during this
SOUTH COUNTY DIVISION
We all should know a ‘ Jane ’
SOUTH COUNTY PRESIDENT ’ S COLUMN
Pat Reilly , Esq . Snyder and Reilly , Trial Lawyers
period of time . Although she would get fatigued and had other symptoms , she was always a highly rated employee . She took on extra work , but ultimately had to ask for help , which , as is typical in corporate America , was promised , but never provided .
Enter Judy Stout , a former tenant of Jane ’ s , who didn ’ t get her security deposit back when she vacated the home , and now she was Jane ’ s immediate supervisor . She advised Jane that she was uncomfortable with Jane ’ s MS , and Jane offered to provide her with materials from the MS Society which would explain the condition and its limitations , if any . The materials were in fact sent to Judy , but , as we discovered at trial , she never opened the envelope , and instead stuck the material in her desk drawer . Had she taken the time to read the materials , she would have learned of the concept of “ reasonable accommodation .”
Unsurprisingly , Jane ’ s evaluations declined , she was placed on a Performance Improvement Plan , and she was ultimately terminated . Interestingly , before she was terminated , she met with an HR administrator who herself had MS , and she point blank asked Jane if her MS was affecting her ability to do her work , and Jane stated only that she needed assistance with the extra projects . That HR representative never stepped in to offer any reasonable accommodation . When Jane was terminated , she told Jane to just sign the papers presented to her , as it will make everyone ’ s life easier .
Although the Americans with Disabilities Act was enacted in 1990 , I knew nothing about it . Because it was a new and unfamiliar area , I was reluctant to get involved on Jane ’ s behalf . But Jane is , as she describes herself , a strong Italian woman , and I relented . My enthusiasm for the case was not the strongest , until she forwarded a passionate letter to me which humbled , embarrassed and inspired me to have the same passion for her case .
An ADA discrimination case was filed and tried in federal court in Harrisburg , Pa ., alleging disability discrimination for firing Jane because of her MS , and for failing to provide a reasonable accommodation . That case was the most enjoyable and satisfying trial I have ever had , not only because of the outcome , but also because cross examination of the company witnesses was exceedingly fun . The evidence of discrimination was overwhelming , and Jane ’ s witnesses included some of her former co-workers , who were still employed by the company . Those witnesses had been warned and intimidated by company personnel prior to trial , until a court order was entered directing the company to back off .
During the trial in September , 2000 , Jane and her husband , John , stayed in a borrowed camper at a campground because they couldn ’ t afford a hotel . They made their meals on a grill outside the camper . After a 6 day jury trial , an award was entered in the amount of $ 2,000,000 in compensatory damages , and $ 500,000 in punitive damages . The award was ultimately upheld by the US Third Circuit Court of Appeals , and settled after a writ of certiorari was filed with the US Supreme Court . Jane ’ s life , and the trial are detailed in a book entitled “ Call to Witness ,” authored by Sherry Blackman .
Jane donated a portion of her award , as well as a percentage of the proceeds from the sale of the book , for MS research . She is an advocate for the disabled , formed a women ’ s support group , and is working with children . Her soulmate , John , passed away shortly after the matter was settled , but Jane has the loving support of her three sons and her grandchildren .
Jane and I remain close friends . This humble , unassuming and confident fireball of a woman has left an everlasting impression on
See ‘ JANE ’, Page 19
THE DOCKET · OCTOBER 2021 9