Weekly Feature



2018-08-08 / Front Page

EEOC sues Lornamead for firing worker with kidney condition

The U.S. Equal Employment Opportunity Commission has charged Remedy Intelligent Staffing, a California based staffing firm, and Lornamead Inc., a manufacturer headquartered in New York City, with violating federal law after the companies allegedly refused to provide reasonable accommodation to a long-term temporary employee when his kidney condition worsened, terminating his employment instead.

According to a lawsuit the EEOC filed in U.S. District Court last week, David Gaiser II was hired by Remedy and assigned to work as a general laborer at Lornamead’s facility in Tonawanda in June 2013.

During his employment, Gaiser was diagnosed with autosomal dominant polycystic kidney disease, a chronic condition characterized by the growth of multiple cysts in the kidneys.

In June 2016, he was assigned to run a machine that required continual bending and twisting, which aggravated his kidney condition and caused him severe pain, the lawsuit said. When Gaiser asked for a chair to minimize his bending and twisting, Lornamead refused to provide one, according to the suit.

Gaiser says in the suit that he then provided Remedy with a note from his doctor, explaining that repeated bending and twisting could exacerbate his kidney condition, and recommending he refrain from extreme bending, twisting or lifting. He also suggested several accommodations that could enable him to perform his duties.

According to the lawsuit, Lornamead instead directed Remedy to end Gaiser’s three-year assignment at Lornamead, and Remedy failed to place Gaiser at another job.

According to the EEOC, the alleged conduct violates the Americans with Disabilities Act. The suit seeks back pay, compensatory damages and punitive damages for Gaiser, as well as injunctive relief designed to prevent future discrimination.

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