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COOK COUNTY RECORD

Thursday, September 19, 2024

Former Employee Alleges Telecommunications Giant Violated Disability Rights

Federal Court
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A former employee has filed a federal lawsuit against a major telecommunications company, alleging violations of the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act. Pompey L. Hicks III lodged his complaint in the United States District Court for the Northern District of Illinois on August 5, 2024, accusing AT&T, Inc. of disability discrimination and retaliation.

Hicks, a 40-year-old resident of Northern Illinois, began working for AT&T as a Premises Technician in July 2012. In 2017, he started experiencing severe ankle pain that significantly limited his ability to climb ladders and lift weights—essential functions of his job. Despite notifying his employer about his condition and requesting reasonable accommodations under the ADA, Hicks alleges that AT&T failed to provide necessary support and instead subjected him to discriminatory treatment.

According to the complaint, Hicks's first-line manager Rick Vargas compared him unfavorably to another technician who also had a disability but was performing different tasks that required less physical exertion. This comparison left Hicks feeling belittled and targeted. When Hicks reported Vargas’s behavior to Carlos Ramirez, Vargas’s superior, he claims that the harassment only intensified.

In October 2021, Hicks was fully restricted from work due to his disability. The following month, AT&T allegedly delayed assisting him with paperwork for a personal disability insurance claim by 40 days. By April 2022, when Hicks was cleared to return to work with restrictions such as no climbing or prolonged standing or squatting, AT&T denied his short-term disability benefits and ordered him back to work.

Upon returning in June 2022, Hicks was placed in AT&T's Transitional Work Program where he performed modified duties according to his medical restrictions. However, when he requested reasonable accommodations to continue working as a Premises Technician or be reassigned to an open position within the company that met his restrictions, AT&T denied these requests. Instead, they insisted he could only return without any restrictions.

The situation escalated further when Alex Vasquez asked Hicks on behalf of Richard Edwards to assist another colleague despite knowing about Hicks's medical limitations. After refusing this request due to his restrictions, Hicks felt increasingly vulnerable at work.

In January 2023, frustrated by what he perceived as ongoing discrimination and retaliation for requesting accommodations and filing complaints—including an OSHA complaint about electrical shock hazards—Hicks filed a charge with the Equal Employment Opportunity Commission (EEOC). Despite receiving an EEOC Notice of Right-to-Sue letter in June 2024 and subsequently filing this lawsuit within ninety days of receipt, AT&T continued its alleged discriminatory practices.

Hicks is seeking compensatory damages for emotional distress and punitive damages totaling $150,000 per count from AT&T for their willful violation of both federal and state laws protecting individuals with disabilities. He also requests reimbursement for litigation costs including attorney fees.

Representing Pompey L. Hicks III is Brad Evan Karlin from Karlin Legal LLC based in Chicago. The case has been assigned Case ID: 1:24-cv-06851 in front of judges from the United States District Court for the Northern District of Illinois.

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