Boss allegedly tells employee that he is fired because his disability is a hindrance.
FOR IMMEDIATE RELEASE
Employee Files Lawsuit against Domino’s Pizza for Disability Discrimination
When he began his job as a pizza delivery driver, Bienvenido was forthright with his boss about his serious health conditions including diabetes, depression, migraines, and a back injury. Fully capable of carrying out the pizza deliveries, Bienvenido enjoyed his job and benefited from a reprieve in his depression.
“I’m sorry that I have to do this, but I have to fire you.” Bienvenido’s boss allegedly pulled him aside after only a little over a month of employment with this well-known restaurant chain. According to Bienvenido, his boss did not even attempt to conceal that he fired Bienvenido because of his disability. He flatly said, “Your disability is going to hinder you. I don’t want you killing a kid on the road if you’re going to feel tired or faint because of your disability. I can’t have that on my conscience.”
Wanting to keep his job, Bienvenido suggested that his boss move him to a different position within the restaurant, either as an oven worker or a pizza dough maker. His boss informed him no positions were available. However, Bienvenido knew that this location was hiring. But, Bienvenido claims that his boss did nothing to reasonably accommodate Bienvenido’s serious health conditions.
“I don’t know what’s going on, but we need employees. We need you. You’re a great employee.” A coworker exclaimed this to Bienvenido as he finished his final shift and left. Bienvenido knows he lost his job because his boss considered him disabled.
This shameless action violates the clear requirement of the law to make reasonable accommodations for qualified and capable employees. Unsurprisingly, Domino’s Pizza denies these claims. As a protected class, Bienvenido deserves the full protection of the government. KM&A fights against discrimination and champions the rights of employees like Bienvenido.
Full text of this complaint, as filed with the District Court for the Middle District of Pennsylvania, is available at docket no: 1:17-cv-01070-JEJ
Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.