A federal lawsuit has been filed against the university alleging discrimination and retaliation.

According to the 16-page document filed on Aug. 5 in the U.S. District Court for the Middle District of Pennsylvania, Jon and Lisa Liebetrau claim that Wilkes engaged in “associational disability discrimination,” a type of violation recognized under federal law, that protects employees from being treated unfairly due to their relationship with – or responsibility for – an individual with a disability. 

Jon Liebetrau is an associate professor and chair of the Division of Performing Arts at Wilkes. His wife, Lisa, was an adjunct professor in the Division of Performing Arts. Their adult son, Max Liebetrau, previously attended Wilkes University.

The complaint states that after the couple sought reasonable understanding and flexibility to accommodate their son’s ongoing medical and educational needs, they were met with hostility, scrutiny and exclusion by university administrators. The plaintiffs allege that rather than offering support or collaboration, the university “chose to marginalize and retaliate” against them, behavior they claim ultimately led to the loss of their employment.

In 2023, Max Liebetrau, son of Jon and Lisa, was arrested on a burglary charge and in a separate incident, allegedly threatening a student on campus, according to police reports. Max Liebetrau failed to report to a court hearing and later, turned himself in to authorities. The situation prompted the university to take a variety of measures to increase security on campus.

According to the lawsuit, Lisa and Jon Liebetrau allege that they repeatedly attempted to communicate with supervisors and human resources about their need for minor scheduling flexibility to attend to their son’s medical appointments and school responsibilities. The filing claims that instead of receiving accommodation or understanding, they were met with resistance, skepticism, and ultimately, punitive treatment.

The complaint describes a pattern of behavior that the plaintiffs characterize as retaliatory: being excluded from key meetings, stripped of certain job duties, and subjected to an increasingly negative work environment. Both plaintiffs assert that their previously strong job performance records were disregarded once they began advocating for their family’s needs.

According to court documents, on April 14, 2023, the university “barred (Jon and Lisa Liebetrau) from being present on the campus of Wilkes University, barred (Jon and Lisa Liebetrau) from speaking with students of Wilkes University and were required to cancel the classes they were teaching.”

On April 22, 2023, Jon and Lisa Liebetrau were told they could return to campus and to their regular duties According to court documents, the university told students of the Liebetraus that “they were permitted to exercise an option not be engaged with either Plaintiff.”

Court documents also state that Wilkes University “failed to engage in an interactive process” and treated the plaintiffs “as burdens” after they sought accommodations for their son’s care needs, they also state to couple suffered “loss of reputation, emotional distress, and other compensatory and consequential damages.” 

Under Section 12112(b)(4) of the Americans with Disabilities Act, employers are prohibited from discriminating against a “qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.” The law is designed to prevent employers from acting out of bias, such as assuming an employee will be unreliable, distracted, or costly because they care for a disabled family member.

When asked to comment on the case, Wilkes University President Grag Cant said in an email, “I am sorry, but we cannot comment on ongoing litigation.”