In a striking legal move, a former employee has taken action against a major retail corporation, alleging wrongful termination based on disability discrimination. Javier Enriquez filed the complaint in the United States District Court for the Northern District of Illinois on January 26, 2025, accusing Hennes & Mauritz, AB (commonly known as H&M) of violating his rights under the Americans with Disabilities Act (ADA).
The case revolves around Enriquez's claim that he was unfairly dismissed from his position as a Customer Service Agent at H&M's Chicago location due to his epilepsy. According to the lawsuit, Enriquez had disclosed his condition when he applied for the job in May 2022. Despite this disclosure, he alleges that in March 2023, H&M shifted him from a daytime to a nighttime schedule—a change he warned could trigger seizures due to stress and lack of sleep. His supervisor, Omi Trevizo, was informed about these potential health risks.
Enriquez further contends that the company’s operational changes exacerbated his condition by creating an overwhelming workload without adequate managerial support. He argues that these changes were detrimental to his health and well-being and that they ultimately led to his termination in August 2023. "The termination was not for legitimate reasons but as a punitive response," claims Enriquez in the filing.
The plaintiff accuses H&M of multiple discriminatory actions under the ADA, including transferring him to an unsuitable shift despite knowing it could harm his health and terminating him after he voiced concerns about these conditions. Enriquez asserts that these actions resulted in significant personal and financial losses, including emotional distress and loss of income.
Enriquez seeks judgment from the court in excess of $75,000 for pecuniary and emotional damages. Additionally, he requests compensation for attorney fees and costs associated with pursuing this legal action.
Representing Enriquez is attorney Scott Skaletsky from The Law Offices of Scott Skaletsky LLC. The case is presided over by judges within the jurisdiction of the Northern District of Illinois under Case ID: 1:25-cv-00871.