Diabetic man allegedly terminated because he lost consciousness twice due to low blood sugar.
FOR IMMEDIATE RELEASE
Man Files Lawsuit against Wal-Mart for Disability Discrimination.
Timothy was diagnosed with Type 2 Diabetes in 2006. Three years later, Wal-Mart hired him as a maintenance worker. He informed his supervisor about his Diabetes, which could cause dizzy spells and even unconsciousness if not treated. At first, Timothy was accommodated for his diabetes at work; his supervisor allowed Timothy to take occasional breaks to monitor his blood sugar level, eat, or use medication.
Timothy claims his supervisor coldly replied that she “did not have time to babysit people who could not do their job.”After six years of good work and no job-related issues, Timothy received a new supervisor. He informed his new manager of his Diabetes and requested reasonable accommodation so he could manage the condition. Timothy claims his supervisor coldly replied that she “did not have time to babysit people who could not do their job.”
Without the accommodation from his new manager, Timothy continued to do his best to work. But, it wasn’t long until a coworker discovered Timothy sprawled on the floor and unconscious. Wal-Mart sent Timothy to the hospital where he was kept overnight. Soon after, Timothy had another diabetic episode and lost consciousness.
The next day, rather than granting a simple accommodation for occasional breaks, Timothy’s manager terminated him for alleged “willful misconduct.” Clearly, this reason for termination is ridiculous since Timothy dutifully followed the new manager’s direction. Not only did Wal-mart allegedly fail to give Timothy a reasonable accommodation, but then they callously fired him after he lost consciousness due to this lack of accommodation. Wal-mart denies these claims. But, the law protects people like Timothy who have a condition that limits major life activities. KM&A fights to fulfill these protections and rights for people like Timothy.
Full text of this complaint, as filed with the District Court for the Western District of Pennsylvania, is available at docket no: 2:17-cv-00881-JFC
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.