A former employee has filed a lawsuit against a transportation company, alleging severe discrimination and harassment based on disability and national origin. The complaint was filed by John Jan in the United States District Court for the Northern District of Illinois on September 13, 2024, against E & A Transpros, Inc.
John Jan's complaint outlines multiple allegations under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964. According to the lawsuit, Jan was employed as a Forklift Operator starting in 2021. He underwent hernia surgery on February 24, 2024, which limited his ability to perform certain physical tasks. Despite this, he claims he was capable of performing his job duties with reasonable accommodation. On June 4, 2024, Jan requested two days off due to severe abdominal pain related to his surgery. His supervisor, Mr. Hussain, allegedly dismissed his request and suggested it would be best if they "go separate ways" due to his health issues.
Jan asserts that E & A Transpros failed to engage in any interactive process to accommodate his disability and instead terminated him on June 6, 2024. "At no point did Defendant discuss with Plaintiff any potential accommodations that would allow him to continue performing his job," the complaint states. Additionally, Jan alleges that he faced national origin-based discrimination during his employment because he is of Assyrian descent from Iraq and perceived as Arab or Middle Eastern. He claims that Bosnian coworkers were routinely granted time off for vacations or illnesses without issue while he was denied similar treatment.
The lawsuit further accuses E & A Transpros of creating a hostile work environment through both disability-based and national origin-based harassment. "Plaintiff was subjected to different terms and conditions of employment than others not within Plaintiff's protected class," reads the complaint. Jan also alleges retaliation for engaging in protected activities under both ADA and Title VII.
Jan is seeking various forms of relief from the court including back pay with interest, front pay, compensatory and punitive damages, loss of benefits, reasonable attorneys' fees and costs, pre-judgment interest if applicable, and any other relief deemed just by the court.
The case is being handled by attorney Chad W. Eisenback from Sulaiman Law Group Ltd., while Judge Amrith Kaur Aakre is presiding over it under Case ID: 1:24-cv-08391.