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COOK COUNTY RECORD

Thursday, September 19, 2024

Former Employee Alleges Disability Discrimination Against Warehouse Employer

Federal Court
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A former employee has filed a lawsuit against his previous employer, alleging severe violations of the Americans with Disabilities Act (ADA). Nickolas Jackson lodged the complaint in the United States District Court for the Northern District of Illinois on August 26, 2024, targeting The Martin-Brower Company, L.L.C. as the defendant.

Jackson's claims stem from what he describes as discriminatory practices by The Martin-Brower Company following his jaw surgery on March 27, 2024. After having a metal plate implanted in his jaw, Jackson began experiencing significant pain and swelling when assigned to work in colder environments within the company's warehouse. Despite providing medical documentation and requesting reasonable accommodations to avoid working in these areas due to hypersensitivity caused by his recent surgery, Jackson alleges that the company failed to accommodate him and ultimately terminated his employment.

According to the complaint, Jackson was hired as an order selector on July 16, 2024. Initially assigned to work in a dry area of the warehouse where ample work was available, he was later informed that he would need to alternate between working in dry areas and freezers monthly. During training in a cooler environment on July 30, 2024, Jackson experienced extreme pain and swelling due to nerve impact from his jaw surgery. He promptly reported this to management and provided a doctor's note requesting accommodation for a different position that did not involve working in cold environments.

Despite other positions being available where Jackson could have been accommodated without undue burden on the company, he was given an ultimatum: resign or be terminated. When Jackson refused to resign, The Martin-Brower Company terminated his employment on July 31, 2024. The company cited seniority rules as their justification for not accommodating him elsewhere.

Jackson's lawsuit accuses The Martin-Brower Company of multiple violations under the ADA including disability-based discrimination, failure to accommodate his disability, harassment based on disability, and retaliation for engaging in protected activities under the ADA. He argues that despite being qualified for his job with or without reasonable accommodation and performing satisfactorily, he was treated less favorably than other employees outside of his protected class.

The plaintiff is seeking various forms of relief from the court including back pay with interest, front pay, compensatory and punitive damages for mental anguish and distress suffered due to loss of employment benefits and income. Additionally, Jackson requests reasonable attorneys' fees and costs along with any other relief deemed just by the court.

Representing Nickolas Jackson is attorney Chad W. Eisenback from Sulaiman Law Group Ltd., while details about defense counsel are not specified in this document. The case is presided over by Judge Amrith Kaur Aakre under Case ID: 1:24-cv-07656.

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