Free Memorandum in Opposition - District Court of Delaware - Delaware

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Case1:06-cv-00027-SLR Document 56-5 Filed 05/23/2007 Page1 0f4

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IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE
)
` n Plaintiffl I I Case No. 06—027
v. I JURY TRIAL DEMANDED
EXPRESS, LLC, a/l LIMITED BRANDS, INC. )
Defendant. I
..;..r_ l _ _ _
@_(l ARATION OF ANA KLANCIC
I, Ana Klancic, do hcrel ·y afitirrn and solemnly declare pursuant to 23 USC. §
l746:
l. I am over 18 yea rs of age and if called to testify at trial would be
competent to testify as to the m itters set forth below.
2. . Paula Pagonakis the Plaintiff in the captioned matter, ilvas an employee of
Defendant at Defendant’s Express store at the Christiana Mall in Newark, Delaware from
June 2000 until March 2004. I Nas the District Manager in charge of the Christiana Mall
Express store until the separatic n of my employment with Defendant in November 2004.
In my capacity as District l\»·Iana ger, I had fairly frequent contact with, and supervision
over, Paula Pagonalcis.
3. I was aware that Paula suffered from medical conditions/disabilities that
necessitated certain accommodations in the workplace. When Paula and I began to work
together, we discussed her medi cal conditions and need for certain accommodations in
the workplace, and I authorized certain workplace accommodations for Paula. These

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accommodations included: (a) allowing Paula to take periodic breaks; (b) only
scheduling Paula only for daylight hours (because her medical condition prevented her
from driving at night); (c) not s ssigning Paula tasks that called for climbing; (d)
scheduling Paula for a day off avery three to four days; and (e) periodically allowing
Paula to work from home. Pan a’s direct supervisors at the Christiana Mall store were
also aware of her medical cond tions and her need for workplace accommodations.
4. I promoted Paula from the position of Brand Sales Leader to Co—Manager
at the Christiana Mall store in J me 2003 because I felt thatfaula was 31`I-e1SS8llO_OLlf _
n team. I agreed to keep Paula’s workplace accommodations in place at this time because I
wanted to encourage Paula to re main part of our team.
5. In fall of 2003; my direct supervisors and representatives of Defendanfs
human resources department ini [aired as to why Paula was receiving workplace
accommodations; including allc wing Paula to work less than a forty hour work week. I
explained to these individuals tl at we had agreed to provide workplace accommodations
for Paula based upon her medic. il condition/disabilities. I was instructed by my superiors
at this time to cease all accomm ndations until Paula provided medical documentation of
her need for the accommodatior s.
6. Based upon the directives of my superiors and Defendant’s human
resources department, Paula’s Vv orkplace accommodations were withdrawn in late
November or carly December 2( ¤O3. These workplace accommodations were not
reinstated prior to the termination of Paula’s employment with Defendant in March 2004.

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Executed thisfdey 0fl\/lerel 2007 at Sewell, New Jersey.
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