Home Editor's Picks Montclair State Faces Lawsuit for Alleged Disability Discrimination, Retaliation and FMLA Violation

Montclair State Faces Lawsuit for Alleged Disability Discrimination, Retaliation and FMLA Violation

by David Bien-Aime & Emily Ramirez

Editor’s Note: The civil case is still ongoing. The information regarding this case is publicly sourced from the New Jersey Court’s official website.

Odessa Donzella, a former administrative assistant to Montclair State University President Jonathan Koppell, filed a lawsuit against Montclair State on three counts alleging disability discrimination, retaliation and violation of the Family and Medical Leave Act (FMLA).

In the ongoing lawsuit filed on May 13, the university is one of four defendants named in the complaint. The other defendants in the case are unidentified entities under the placeholder names John Doe I-V, Jane Doe I-V and XYZ Corporation I-V, pending further discovery in the case.

The former Montclair State employee is seeking compensation for loss of wages, emotional distress, consequential and punitive damages.

The lawsuit alleges that Donzella was terminated after requesting medical leave for her condition, celiac disease.

Donzella began working at Montclair State as an administrative assistant for the office of the President around May 22, 2023. The lawsuit claims Donzella’s supervisor, Domenica Dominguez, would subject her to harassment.

According to the lawsuit, Dominguez allegedly would make “rude and inappropriate” comments about Donzella and her work. The lawsuit alleges Dominguez was “routinely overcritical” of Donzella and continued to “make disparaging comments” by telling her she is “incapable of doing her work” and that she did the work of an “elementary student” or a “third grader.”

The lawsuit also claims that around June of 2023, the harassment escalated when Donzella explained to Dominguez that her celiac disease may be causing attendance issues, Dominguez allegedly responded by laughing. The lawsuit states that Dominguez’s behavior continued, prompting Donzella to file a formal complaint with Montclair State’s President.

Due to her celiac disease, Donzella began to experience health issues around March of 2024, which caused her to miss work. The lawsuit claims that Donzella provided Montclair State with a doctor’s note on March 22, 2024, regarding her celiac disease diagnosis and requested accommodations, including a brief medical leave.

The lawsuit states that Donzella specified she would be taking medical leave due to her medical condition and other symptoms. Shortly after requesting accommodations, Donzella was informed by Montclair State that she would be transferred to Bloomfield College effective March 25, 2024. Additionally, the lawsuit claims, the salary for said position at Bloomfield College was significantly lower than her former position.

Donzella submitted another doctor’s note around April 1, 2024, explaining that she would need to be out on medical leave until or around April 4, 2024. The lawsuit states that Montclair State “seemingly ignored this note,” and Donzella’s employment with Montclair State was “terminated effective” April 3, 2024.

Montclair State’s assistant vice president for strategic content, Andrew Mees, provided a statement on behalf of the university’s ongoing battle with the legal case.

“Montclair State University is dedicated to providing a positive and respectful work environment for all employees,” said Mees. “We maintain strict policies that prohibit discrimination and fully comply with all applicable laws. We are confident the facts will demonstrate that the University operated consistently with its commitments and legal requirements.”

Odessa Donzella’s lawyer, Gregory B. Noble, did not provide a comment to The Montclarion about the case.

More details on the case is further pending.

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