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Lawsuit against Fiserv Will Move Forward

Saturday, February, 6, 2016


A filing has been rejected in federal court that was filed by a financial services firm to dismiss a pending discrimination suit pending against it. The firm wanted the court to compel arbitration. The rejection occurs in the US District Court for the Eastern District of Pennsylvania and denied Fiserv’s request to dismiss the suit filed by Kim Shank.

 

Shank was an employee of Fiserv and worked as a Quality Analyst from May 2007 to March 2014 at the company’s King of Prussia branch. Shank was involved in a car crash in January 2014 and as a result of her injuries was forced to take a medical leave of absence from her job. Her leave was covered by the Family Medical Leave Act (FMLA).

 

Her doctor cleared her to return to work, despite her not being fully recovered in March 2014. Shank was terminated the day after she returned. The company told her they were firing her because her position was eliminated due to reorganization and as part of a layoff from a month earlier, but Shank believed it was because of her disability and taking FMLA leave, and because of her age and national origin.

 

She accused Fiserv of violation the Americans with Disabilities Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Pennsylvania Human Relations Act, and the FMLA. Fiserv filed a motion to dismiss and compel arbitration in response, which was rejected. The company requires employees to sign an arbitration agreement, but since Fiserv does not sign these agreements, Shanks attorney argued it was invalid. The court agreed and the complaint will proceed to trial.