STEM academic adviser charges discrimination about losing job during cancer treatment
By Siobhan Donaldson | Published by December 7, 2019
A longtime Educational Opportunity adviser for the Science and Technology programs alleges that she was let go after she was diagnosed with uterine cancer and went on medical leave, according to a complaint filed with the New Jersey Supreme Court.
Elis Sosa, who began working at the university two decades ago, is charging the university with age discrimination, disability discrimination and violating New Jersey’s anti-discriminatory laws.
“Kean’s decision not to renew Sosa’s contract,” said the complaint. “constituted retaliation for requesting medical leave, disability discrimination and age discrimination.”
Sosa also alleges that she was replaced by a younger, non-disabled, worker after she left her position.
The Exceptional Educational Opportunities (EEO)/Educational Opportunity Fund (EOF) Program provides access to higher education for educationally and financially disadvantaged students, as defined by the State of New Jersey, Office of the Secretary of Higher Education, Educational Opportunity Fund.
The complaint alleges that in 2018, Sosa submitted a reappointment application as required in her position every five-years. . The application included letters of recommendation from both of her supervisors at Kean as well as letters from Rutgers New Jersey Medical School, Johnson & Johnson and the University of South Florida.
It alleges that in March of 2018, Sosa provided notice to Kean for medical leave to undergo cancer treatment for four months. Later that March, Sosa was placed on a Performance Improvement Plan. In May, during her leave, she received a letter from President Dawood Farahi stating that Kean was not renewing her contract.
Sosa’s final day at the university was June 30.
Sosa is represented by John Messina Esq. who is a partner of the law firm Berkowitz, Lichtstein, Kuritsky, Giasullo & Gross, LLC.
Sosa’s case was filed Nov 1, and has been given a track assignment. The case has been given a discovery time of 450 days, as is expected for cases identified under the civil rights category in the New Jersey court system.
“Kean University does not comment on personnel matters or pending litigation,” said Margaret McCorry, Kean’s Director of Media Relations,
In January, Kean settled a lawsuit about age discrimination at the Equal Opportunity Center. William DeGarcia was the interim director for the Equal Opportunity Center at Kean in 2009 when he was allegedly given the directive from President Farahi to “‘restructure, streamline and clean house” at EEO/EOF.’
DeGarcia alleged that in 2012, he was passed over twice by a search committee for a permanent Director’s position at the Equal Opportunity Center. The person who was chosen for the position was under 40 and held no executive experience.
DeGarcia received $375,000 from the university in his settlement, with terms that all claims of discrimination were neither proven nor denied.