A recent lawsuit has been filed in the Northern District of Illinois that could have significant implications for workplace rights and disability accommodations. On November 27, 2024, Jamie Horzepa initiated legal action against Domas Mechanical Contractors, Inc., alleging violations of the Americans with Disabilities Act (ADA) and retaliatory discharge under Illinois law.
The case centers around Horzepa's employment with Domas Mechanical Contractors, where he worked as a plumber’s helper starting in May or June of 2022. According to the complaint, Horzepa suffered a serious knee injury on January 12, 2023, while performing his job duties. This injury was exacerbated in mid-July 2023, ultimately requiring surgery on October 30, 2023. Horzepa claims his knee injury constitutes a disability under the ADA as it significantly limits major life activities such as walking and bending.
Horzepa provided his employer with medical documentation recommending restrictions on certain physical activities. Initially, Domas Mechanical Contractors agreed to accommodate these restrictions by allowing light-duty work. However, Horzepa alleges that the company continued to assign tasks that violated these restrictions. In response to his injuries and subsequent worker’s compensation claim, Horzepa was allegedly told by company owners Ed and Bob Domas that he would not be allowed to return to work unless he dropped his compensation claim.
The lawsuit accuses Domas Mechanical Contractors of discrimination and retaliation in violation of the ADA by terminating Horzepa due to his disability and requests for reasonable accommodation. Additionally, it alleges retaliatory discharge under Illinois law for exercising rights related to worker’s compensation claims. The plaintiff seeks various forms of relief from the court including reinstatement to his position or front pay, back pay for lost wages and benefits, compensatory damages for emotional distress and punitive damages aimed at deterring future misconduct by the defendant.
Horzepa is represented by attorney David B. Levin from the Law Offices of Todd M. Friedman P.C., based in Northbrook, Illinois. The case is assigned Case No.: 1:24-cv-012278 in front of judges from the United States District Court for the Northern District of Illinois.