ALLENTOWN – A Breiningsville man alleges he was terminated because of his disability by Amazon LLC.
Steve Votaw filed a complaint on Nov. 21 in the U.S. District Court for the Eastern District of Pennsylvania against Amazon LLC alleging violation of the Family and Medical Leave Act and the Americans with Disabilities Act.
According to the complaint, the plaintiff was hired by the defendant as a stow/warehouse worker in October 2014. In December 2015, the suit states the plaintiff began suffering from extreme mold poisoning and requested intermittent FMLA leave related to the disability in February 2016.
The suit states that the defendant also requested accommodation to arrive late or leave early when his disability caused physical limitations, but this was denied. He alleges he was told to use unpaid time off instead.
The plaintiff was terminated on Sept. 16, 2016, for excessive absence, the suit states. The plaintiff alleges he was terminated because of his disability.
The plaintiff holds Amazon LLC responsible because the defendant allegedly retaliated against the plaintiff for exercising is FMLA rights and interfered with those rights.
The plaintiff requests a trial by jury and seeks compensation and reimbursement, payment of all benefits, punitive damages, damages, court costs and any further relief the court grants. He is represented by Daniel A. Horowitz and Carley A. Doyle of Swartz Swidler LLC in Cherry Hill, New Jersey.
U.S. District Court for the Eastern District of Pennsylvania case number 5:17-cv-05234-JFL