Employee’s Supervisor Allegedly Said that He Didn’t Get the Job Because “It Was [Your] Disability.”
FOR IMMEDIATE RELEASE
Employee Files Lawsuit against U.S. Steel Corporation for Disability Discrimination
Marion accepted the role of utility person in October 2013 at the U.S. Steel Corporation. Although he has the disability of bipolar disorder, Marion manages it with medication and counseling. In August 2016, Marion received approval for FMLA accommodation, which outlined that Marion was not permitted to work over 40 hours in a work week nor could he work double shifts.
When Marion asked to use his FMLA time to attend doctor appointments as well as take his medication at the workplace, the request was refused. At the annual physical, the nurse allegedly marked Marion’s vision as poor and told him that he would need an eye doctor to write a release. Marion planned to apply for another position within the company, but he was allegedly told he couldn’t because of his vision. When he requested documentation of this vision policy, the company never provided him with information. Marion filed a grievance with his union about the situation, and he also complained to his supervisor. According to Marion, his supervisor told him that not receiving a new position “wasn’t the vision test, it was [your] disability.”According to Marion, his supervisor told him that not receiving a new position “wasn’t the vision test, it was [your] disability.”
In December, Marion passed the vision test. The nurse allegedly informed Marion that “because of your restricted work hours and because you are bipolar, they will not let you change jobs or run machines.” The nurse then asked for additional documents from Marion’s doctors about his disability and ability to work. Marion asked if other applicants had to deal with these same requirements, and the nurse replied that Marion was being treated differently due to his disability making him a “liability.” Marion filed a complaint with the EEOC about this disability discrimination.
About a week later, Marion requested a specific role during the day’s work, and the supervisor allegedly said, “I need someone with a f***ing brain to do this job.” Marion suspected this treatment had to do with the fact that he’d filed a complaint with the EEOC. When he tried to schedule a meeting with the management to discuss the ongoing problems, the meeting was canceled and not rescheduled. With the increasing hostility, Marion felt that his only option was to resign since no one was taking him seriously.
Marion suspects that he suffered disability discrimination and retaliation for filing an EEOC complaint against U.S. Steel Corporation. As a client of KM&A, Marion is fighting for his employment rights under the law. KM&A advocates on behalf of employees like Marion who experience disability discrimination in the workplace.
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-01576-CB
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.
For more information about this case, contact Attorney Kayla Drum at 412-626-5594 or at kd@lawkm.com.
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