PA man sues after alleged disability discrimination, FMLA interference
PITTSBURGH – A Ridgeway, Pennsylvania man has alleged disability discrimination and violations of the Family and Medical Leave Act against a Pennsylvania-based manufacturer.
According to a complaint filed in the Western District Court of Pennsylvania, Plaintiff Milton Nelson began working for American Axle Manufacturing as a PT Operator in January 2013. He was eventually promoted to the position of CNC Operator. Mr. Nelson alleged in the filing that he had been previously diagnosed with anxiety and depression, and, as a result, requested leave through the Family and Medical Leave Act to cope with his disability.
He submitted his FMLA application to Brian Miller, a member of the Human Resources Department at American Axle Manufacturing, in December 2017, according to the complaint.
Mr. Nelson alleged that he was informed shortly after submitting his application that he had been approved to take intermittent FMLA leave through December 2018. According to the complaint, Brian Miller left the Human Resources Department and was replaced my Chris Adamson. Mr. Adamson asked that all employees using FMLA call off to American Axle Manufacturing as well as to a third-party FMLA administrator whenever they needed to take leave through the program, according to the complaint.
When Mr. Nelson contacted the third-party company in July 2018, he was informed that his information had never been received, he alleged. According to the filing, Mr. Nelson was asked to re-certify his FMLA application in both July and September 2018. He was then terminated in October 2018 due to accrued attendance points, according to the complaint.
Mr. Nelson alleged that he had not violated his employer’s attendance policy, as he had acted within the confines of his intermittent FMLA.
The six-count complaint charges American Axle Manufacturing with discrimination, interference, failure to accommodate, and retaliation in violation of the Americans with Disabilities Act, as well as interference and retaliation in violation of the Family and Medical Leave Act.
Prior to the filing of the lawsuit, Mr. Nelson filed a complaint through the Equal Employment Opportunity Commission and was provided a right to sue.
Ruppert Manes Narahari is a Pittsburgh-based employment law firm representing workers who have been wrongfully terminated, harassed, or cheated by their employers. The firm also provides business law-related services and represents small businesses and entrepreneurs in startup, transactional, and litigation matters.
For more information on the claims made by Ms. Nelson against American Axle Manufacturing, contact the law office of Ruppert Manes Narahari at 412-626-5626.