PITTSBURGH – A man who prepared pretzels at a German restaurant in Pittsburgh alleges he was discriminated against for his homosexuality and disability, and later fired from his role without cause or explanation.
Ronald J. Kimmel filed suit in the Allegheny County Court of Common Pleas on May 10 versus Hofbraushaus Pittsburgh. Both parties are of Pittsburgh.
“Plaintiff began working at defendant’s Pittsburgh location in August 2021 as a pretzel preparer. Plaintiff was subsequently assigned to portioning. While employed, plaintiff was subjected to severe and pervasive discrimination on the basis of his gender/sexual orientation, disability and age. The restaurant’s executive chef Michael routinely called plaintiff ‘grandpa’. When plaintiff requited additional assistance at work, the executive chef would state that it was plaintiff’s ‘age’ preventing him from understanding the work duties,” the suit says.
“Throughout plaintiff’s employment, plaintiff was ridiculed concerning his sexual orientation as a gay man. In plaintiff’s presence, his straight co-workers stated that employees should not ‘bend over’ in front of plaintiff. Such comments are overtly discriminatory toward gay men. They imply sexual deviance and lack of impulse control. On other occasions, plaintiff’s coworkers ridiculed him for only being able to pick up one box at a time and would make comments such as ‘let a man do it.’ In addition to mocking his sex, plaintiff believes and therefore avers that his, co-workers were also ridiculing him for his known disability.”
The suit adds that the plaintiff suffers from severe numbness in both hands, which impacts his ability to hold hands in a normal manner and also causes him difficulty in picking up large and/or heavy objects.
“Plaintiff also witnessed other homosexuals receive discriminatory and derogatory treatment by defendant and its employees during his employment. Plaintiff observed defendant and its employees refer to a known lesbian as both a ‘dyke’ and a ‘truck driver.’ Plaintiff further observed defendant and its employees comment that she looked ‘like a boy.’ Plaintiff complained about all of the above behavior and reported the same to management, but to the best of his knowledge and belief, no corrective actions were taken. Throughout his employment, plaintiff received treatment much less favorable than his heterosexual, younger and non-disabled coworkers. Defendant denied plaintiff the ability to take breaks at the same frequency as his co-workers. For several months, plaintiff was not even offered his free shift meal for which all of his non-disabled, younger and heterosexual coworkers were given. Defendant further allowed plaintiff s coworkers to take smoke breaks, during which some employees even smoked marijuana oils. Plaintiff, however, was not permitted to take similar breaks even though he used only tobacco,” the suit states.
“Plaintiff further requires dental surgery to repair his damaged teeth. Plaintiff believes and therefore avers that defendant perceived this condition as a disability. Plaintiff believes and therefore avers that defendant targeted him and discriminated against him on the basis of this perceived disability. In particular, defendant instructed plaintiff to wear a mask when no other employees were likewise instructed to wear one. Plaintiff believes and therefore avers that defendant made this instruction based upon this perceived disability. On April 25, 2022, plaintiff was terminated by the executive chef without explanation. Plaintiff believes and therefore avers that he was terminated on the basis of his sex/sexual orientation, age and disabilities.”
For counts of sex discrimination under Title VII of the Civil Rights Act of 1964, disability discrimination under the Americans with Disabilities Act of 1990, discrimination under the Pennsylvania Human Relations Act and discrimination under the Age Discrimination in Employment Act, the plaintiff is seeking damages in excess of $50,000, exclusive of interests and costs and other damages as listed below:
• The entry of declaratory judgment finding that the acts complained of herein are unlawful discriminatory practices under ADA;
• The entry of a permanent injunction prohibiting defendant from retaliating against employees on the basis of disability;
• The immediate assignment of plaintiff to such position as she would now be occupying but for the discriminatory acts of defendant as well as the foreclosure of promotional opportunities;
• The award of compensation of plaintiff for all earnings and other benefits, including retirement benefits which plaintiff would have received, but for the discriminatory acts of defendant, as well as the foreclosure of promotional opportunities;
• The award of any pre-judgment interest on any back pay;
• The award of compensatory damages;
• The award of punitive damages;
• The award of costs and disbursements of this action including reasonable attorney’s fees and expert fees.
The plaintiff is represented by David M. Kobylinski and Peter T. Kobylinski of Praetorian Law Group, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-006026
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com