Employee alleges Chipotle fired him over wife's disability

By Robbie Hargett | Jan 19, 2016

PITTSBURGH -- An Allegheny County man is suing Chipotle, alleging he was fired after telling the defendant about his wife's disability.

Nicholas Von Bialy of Beaver filed a lawsuit Jan. 11 in the U.S. District Court for the Western District of Pennsylvania against Chipotle Mexican Grill, alleging violations of the Americans with Disabilities Act (ADA). 

According to the complaint, in October 2013, Bialy began employment with Chipotle as a general manager. When Bialy found out his wife was diagnosed with POTS syndrome in January 2015, the suit says he contacted his supervisor and told him of his wife's disability, then took paid sick leave from Jan. 19-23.

When Bialy returned to work, the lawsuit states, he told his supervisor he would need to take more time off to take care of his wife but Bialy's supervisor told him he would be let go, and Bialy's employment was terminated Jan. 24, 2015. 

The suit alleges Chipotle violated the ADA by not engaging in an interactive process to accommodate Bialy.

Bialy seeks lost wages of more than $43,000, loss of future wages of more than $50,000, additional punitive damages of more than $75,000, interests, legal fees and court costs. He is represented by attorney Christi Wallace of Kraemer Manes and Associates LLC in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania Case number 2:16-CV-00042-TFM

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