Dental manager sues ex-employer for disability discrimination

A dental office manager recently filed a disability discrimination lawsuit, accusing the New Jersey practice where she worked of firing her after management claimed she couldn't handle her duties following her stroke.

Beth Silverman filed a lawsuit in the Superior Court of New Jersey, Camden County, against her employer, Dental Care of Berlin, and its operator, Dental Care of South Jersey. She accuses the businesses of discrimination based on perceptions of, or regarding, disability and retaliation.

In May 2018, Silverman began working at Dental Care of Berlin. In early 2021, Silverman was diagnosed with COVID-19 and experienced related complications, including a stroke. Although she recovered from the stroke, she experienced permanent effects, including effects to her speech and long-term memory. However, she claims the complications of the stroke did not affect her ability to do her job, according to the suit.

After receiving eight months of treatment, which included care from a neurosurgeon and cardiologist, she was cleared to return to work without restrictions at the dental practice in October 2021. She reportedly returned to work at continued to perform her duties at expectations and better, according to the lawsuit.

In the fall of 2023, the dental practice hired a new dentist. In September 2023, the company CEO contacted Silverman and reportedly informed her that she was an "amazing employee" but that she couldn't handle the job's workload, including the additional demand required with the hiring of the new dentist due to the "physical and mental limitations" of her stroke, according to the suit.

"This statement evinces and demonstrates a clear intention to consider Plaintiff's disability, and perceptions held of, or regarding, Plaintiff's disability, in deciding to terminate the Plaintiff," the lawsuit states.

Her termination from her position as dental office manager has allegedly caused her economic and noneconomic harm. Therefore, Silverman is seeking compensatory damages for pain and suffering, equitable reinstatement, back pay, and front pay, attorneys' fees, costs and interest, and punitive damages.