HARRISBURG - A man filed a lawsuit against his would-be employer, claiming discrimination in the company’s 2014 renege of a job offer.

Bryon Hysick sued Empire Kosher Foods Inc. and Empire Kosher Poultry Inc., both of Mifflintown, in the U.S. District Court Middle District of Pennsylvania on July 14, claiming violation of the Americans with Disabilities Act and the Pennsylvania Human Relations Act in March 2014.

According to court documents, Hysick applied for a maintenance position with the defendant in mid-March of 2014 and was offered a night-shift position. When he subsequently reported for a required physical examination, the suit states, the plaintiff was incorrectly diagnosed with asthma and told he could not perform the job due to his perceived health condition.

Hysick alleges that the nurse on duty did not actually examine him; that the company would not offer him any other position; that the offer was rescinded; and he was not hired for the job due to a mistaken perception. He claims that the nurse assumed he had asthma because he was allegedly breathing heavily.

Alleging that he was denied employment due to a perceived disability, Hysick seeks injunctive action to prevent the defendant from continuing to unlawfully discriminate against applicants.

The plaintiff seeks punitive damages, attorney’s fees, and court costs. He is represented by Ari Karpf of Karpf, Karpf & Cerutti in Bensalem.

U.S. District Court Middle District of Pennsylvania Case 1:15-cv-01369-CCC.

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