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Military Surplus Store Sued For Firing Worker Over Seizures
Western Trading Company Accused Of Disability Discrimination
POSTED: 10:56 am MDT October 4, 2010
UPDATED: 7:02 pm MDT October 4, 2010
DENVER -- A Denver-area military surplus store is accused of a firing an employee who suffered epileptic seizures in violation of the Americans With Disabilities Act, according to a federal discrimination lawsuit.Western Trading Company, Inc., which has stores in Denver and Englewood, fired Tyler Riley from his stock clerk job in May 2008 after he had a grand mal seizure two days into his new job, according to the lawsuit filed Sunday by the U.S. Equal Employment Opportunity Commission in Denver federal court.The lawsuit accuses the company of three ADA violations, including failing to make reasonable accommodations for the former worker and terminating him.
"Myths, fears, or stereotypes about epilepsy are insufficient grounds for refusing to accommodate the disability or for terminating an employee with epilepsy," EEOC Regional Attorney Mary Jo O'Neill said in a Monday statement. "Indeed, the ADA was created to combat such stereotypes."
The lawsuit seeks monetary damages, including back pay, compensation for emotional distress and punitive damages. The EEOC also seeks a court order prohibiting future discrimination by the Western Trading and mandatory corrective action.Western Trading officials had concerns about the clerk's ability to safely a climb ladder, potential medication side-effects and how to care for Riley when he had a seizure, the EEOC complaint said.Gary Benson, an attorney for Western Trading, said he hadn't been served with the lawsuit Monday."We're very comfortable that we did everything we were supposed to do pursuant to the ADA and that our concerns were real and that we acted appropriately," Benson said. "We do not comment on pending litigation, but we look forward to being vindicated in court."The EEOC said their investigation found Riley provided his employer with assurances, including five medical releases from the staff at Swedish Medical Center, that it was safe for him to work, the lawsuit said."An employer cannot simply disregard medical providers' statements in favor of unsupported conjecture or speculation," Rayford Irvin, acting district director for the EEOC Phoenix District Office, said in the release.The EEOC said the company initially allowed Riley to return to work after he provided two medical releases, the lawsuit said. A Swedish hospital nurse sent the firm a medical release saying Riley "had no ladder restrictions and that he was allowed to climb as high as 20-to-25 feet, the lawsuit said. In response to Western Trading's questions, the nurse later stated that Riley had no medication side-effects and that he can sense an impending seizure and knows to sit against the wall, the lawsuit said.The nursed added that Riley didn't need co-workers to treat him during a seizure, but it would be helpful to have someone sit with him after the seizure so he can understand where he is, the lawsuit said.Yet, after Riley has another seizure at his home May 24, Western Trading sent him home and later fired him, the lawsuit said.The lawsuit also accuses the company of unlawfully keeping Riley's medical records with his other personnel information. Before filing the lawsuit, EEOC officials said they unsuccessfully tried to get the company to settle the dispute.
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