A former maintenance worker for Pebble Beach Co. filed a lawsuit on December 27 alleging age discrimination and wrongful termination. The plaintiff, who is over 55 years old, claims that the company reduced his hours and eventually terminated him based solely on his age and health issues. The lawsuit alleges that while employed by Pebble Beach Co., the plaintiff injured his back in December of 2009 and that a physician cleared him to return to work as long as he did not lift anything over 50 pounds. Five months after the injury, the plaintiff was allowed to work without restrictions, according to his physician.
The plaintiff claims that in 2011, his hours were reduced, and he filed an age discrimination claim with HR in October of 2011. The plaintiff then alleges that he submitted a request for weekends off to his supervisor and was told he could “resign or be replaced by another maintenance person at any time.” After reporting his supervisor’s reaction in February 2012, the plaintiff was eventually terminated in June 2012 after a doctor cleared him to work only if lifting under 30 pounds.
Pebble Beach Co.’s HR representatives claim the termination was due to the company’s inability to accommodate the plaintiff’s disability. The plaintiff’s doctor, however, alleges in the suit that he “never recommended the applicant not continue work.” The plaintiff is suing for age discrimination, wrongful termination, retaliation, failing to prevent discrimination and retaliation, failing to engage in interactive process and failing to reasonably accommodate disability.
Disability discrimination in the workplace is protected under the Americans with Disabilities Act (ADA) and is illegal. The ADA requires employers, including private employers, to provide reasonable accommodations for the limitations of otherwise qualified individuals with disabilities.
Have You Been Discriminated Against at Work?
If you have experienced discrimination in the workplace, you may be able to file for compensation. Our Los Angeles employment attorneys can help you decide whether to move forward with your case. Call our office today to schedule a consultation.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys