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Former Employee Alleges Age and Disability Discrimination Against Security Firm

COOK COUNTY RECORD

Monday, November 25, 2024

Former Employee Alleges Age and Disability Discrimination Against Security Firm

Federal Court
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A former security guard has filed a lawsuit against his employer, alleging age and disability discrimination. Raymond Pokorny filed the complaint in the United States District Court for the Northern District of Illinois on August 16, 2024, accusing Advanced Security Solutions, Inc. of unlawful termination based on his age and disability.

Pokorny, who is 62 years old and suffers from kidney and pancreas issues due to diabetes and dialysis treatments, worked as a security guard for Advanced Security Solutions from July 21, 2022, until April 5, 2024. According to the complaint, he was terminated after requesting reasonable accommodations for his disability and a reduction in work hours due to supplemental income from social security benefits. The plaintiff claims that despite being qualified to perform his job with or without reasonable accommodation, he faced discriminatory treatment compared to younger and non-disabled employees.

The lawsuit details how Pokorny informed his employer early in his employment about his medical condition that required him to limit continuous standing or walking. In mid-March 2024, he received a new assignment at Hilton Hotel Northbrook but did not receive specific post instructions. Instead, he found a "Night Security" list which he used to guide his patrols. On March 20, 2024, Pokorny sent an email to Leticia Villarreal, Head of Human Resources at Advanced Security Solutions, containing a doctor's letter that restricted prolonged standing due to medical conditions. Despite this communication and subsequent requests for accommodations such as short sedentary breaks or reduced patrol areas per hour, Villarreal denied these requests stating that it was what the client wanted.

On March 21, 2024, Pokorny's supervisor sent him an email with detailed post orders requiring hourly patrols of all ten floors of the hotel along with other areas which would require continuous walking for nine-hour shifts. Instead of discussing possible accommodations or finding a more suitable placement for Pokorny given his health concerns, the company took him off the schedule entirely. Subsequently, on April 5th, Villarreal terminated Pokorny's employment citing insubordination and refusal to follow instructions despite no prior disciplinary actions against him.

The complaint alleges violations under both the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). It accuses Advanced Security Solutions of failing to accommodate Pokorny's disability reasonably and retaliating against him for engaging in protected activities under these laws. The plaintiff seeks back pay with interest, liquidated damages, front pay compensation for loss of benefits along with compensatory and punitive damages. Additionally sought are reasonable attorney fees and costs along with any other relief deemed just by the court.

Representing Raymond Pokorny is attorney Travis P. Lampert from Sulaiman Law Group Ltd., while Judge Amrith Kaur Aakre presides over this case identified as Case: 1:24-cv-07367.

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