Orlando Maldonado has taken legal action against his former employer, alleging violations of the Americans with Disabilities Act (ADA). On September 30, 2024, Maldonado filed a complaint in the United States District Court for the Northern District of Illinois against D and S Oil Service Enterprises, Inc., claiming discrimination based on disability, failure to accommodate, harassment, and retaliation.
Maldonado's lawsuit details a troubling narrative that began when he was hired by D and S Oil Service Enterprises as an assistant manager and customer service sales representative in August 2022. Despite a physical impairment resulting from a spinal fusion surgery in 2019 that limits his ability to stoop, bend, push, pull, or carry heavy objects, Maldonado asserts he was able to perform his job effectively. He provided documentation of these restrictions to his employer before starting work to ensure necessary accommodations were made. However, issues arose when Maldonado was transferred to another store location around March or April 2023. Although he initially thrived in his new role focusing on customer service sales—an area well-suited to his limitations—his hours were significantly reduced following a slip and fall incident in January 2024.
The situation escalated on September 8, 2024, when General Manager Ricardo Pacheco Jr. informed Maldonado of his termination. According to the complaint, Pacheco stated the need for someone "who can move around a little faster" without restrictions. Despite Maldonado's reminder of his disability status and lack of any performance-related write-ups, Pacheco indicated that after discussions with Tony (the owner), they decided it was best for him to leave. This decision came despite Maldonado's success in achieving strong sales results within the constraints of his medical condition.
Maldonado accuses D and S Oil Service Enterprises of failing to provide reasonable accommodations as required by the ADA and not engaging in an interactive process to determine suitable adjustments for his disability. The complaint also highlights another employee's similar experience—Pedro Escobar was allegedly terminated due to leg issues—suggesting a pattern of discriminatory practices within the company.
In seeking justice through this lawsuit, Maldonado requests several forms of relief from the court: back pay with interest; front pay; compensation for lost benefits; compensatory and punitive damages; reasonable attorney fees; costs; pre-judgment interest if applicable; and any other relief deemed appropriate by the court.
Representing Orlando Maldonado is attorney Travis P. Lampert from Sulaiman Law Group Ltd., while no specific attorneys are listed for D and S Oil Service Enterprises at this stage. The case is presided over under Case ID: 1:24-cv-09128.