An accountant who suffers from delayed sleep phase syndrome claims his employer fired him because of  his disability despite knowing of his infirmity prior to his employment with the company.

Gabriel Genovese filed a lawsuit against Cherokee Pharmaceuticals LLC on Nov. 10 in the U.S. District Court for the Middle District of Pennsylvania citing a violation of the Americans with Disabilities Act and the Pennsylvania Humans Relations Act.

Genovese, who employed by Cherokee Pharmaceuticals from June 1, 2008, until May 18, 2010, claims he was subjected to discrimination by supervisors who frequently disparaged him for reporting to work at 11 a.m. instead of 9 a.m. to accommodate his impairment.

In or about January 2010 he registered a complaint of disability discrimination with the company’s director of human resources. He then submitted, the lawsuit claims, the requested medical documentation which corroborated his condition.

On May 3, 2010, Cherokee Pharmaceuticals issued him a new work schedule that mandated he work during the “core business hours” of 9 a.m. to 3 p.m., the lawsuit claims. On or about May 11, 2010, Genovese filed a charge of discrimination with the Equal Employment Opportunity Commission and Pennsylvania Human Relations Commission. On or about May 18, 2010, the lawsuit claims, Cherokee Pharmaceuticals fired him.

Genovese seeks lost benefits and wages, compensatory damages, front pay, pre- and post-judgment interest, attorney's fees and court costs. He is represented by Philadelphia-based attorney Sidney L. Gold of Sidney L. Gold and Associates PC.

U.S. District Court for the Middle District of Pennsylvania case number 4:15-cv-02153-MWB

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