Sergio Herculano has filed a compelling lawsuit against his former employer, American Residential Services, L.L.C., alleging discrimination based on sex and disability. The complaint was officially lodged in the United States District Court for the Northern District of Illinois on March 19, 2025. This legal battle highlights serious accusations of discriminatory practices within the company, raising significant questions about workplace equality and fair treatment.
The case centers around Herculano's employment experience with American Residential Services from July 7, 2022, to July 19, 2024. During this period, Herculano claims he faced discrimination due to his sex and disability, as well as retaliation after voicing concerns about these issues. According to the complaint, filed by Becerra Law Group, LLC, these actions constitute violations of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). Additionally, Herculano alleges that American Residential Services breached labor laws under the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law by misclassifying him as an exempt employee to avoid paying overtime wages.
Herculano's narrative unfolds with his initial hiring as a dispatcher in July 2022. Despite informing his employer about his physical limitations—such as being unable to kneel or lift heavy objects—he claims he was subjected to derogatory remarks by a supervisor named Ryan Domingue. In June 2024, Domingue allegedly made a demeaning comment suggesting that any man could perform tasks that Herculano could not due to his disability. This incident reportedly occurred in front of colleagues and prompted Herculano to file a complaint with Human Resources. However, instead of receiving support or resolution, he was issued a written warning shortly thereafter for alleged performance issues—a move he believes was retaliatory.
The legal filing details how Herculano’s role involved primarily non-exempt tasks like answering phones and scheduling appointments even after being promoted to dispatch manager in October 2023. Despite this promotion ostensibly elevating his position within the company hierarchy, it did not align with an exempt status that would justify unpaid overtime work. Consequently, Herculano accuses American Residential Services of willfully violating wage laws by denying him appropriate compensation for hours worked beyond the standard 40-hour workweek.
In seeking justice through this lawsuit, Sergio Herculano requests several forms of relief from the court: back pay with interest for lost wages and benefits; compensatory damages for emotional distress; punitive damages; attorney fees; and orders mandating corrective measures within American Residential Services to prevent future discrimination and retaliation.
Representing Sergio Herculano is attorney Carlos G. Becerra from Becerra Law Group LLC. The case has been assigned Case ID: 1:25-cv-02933 at the United States District Court for the Northern District of Illinois.