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Saturday, November 16, 2024

Former Truck Driver Sues Andrews Logistics LP for Discrimination and Retaliation

Federal Court
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A former truck driver has filed a lawsuit against his previous employer, alleging race and disability discrimination, retaliation, and wrongful termination. The complaint was filed by Adonis Fountain in the United States District Court for the Eastern District of Pennsylvania on September 9, 2024, targeting Andrews Logistics LP.

According to the court documents, Adonis Fountain, an African American truck driver, claims that he faced racial discrimination from his colleagues and supervisors at Andrews Logistics LP. Fountain recounts several instances where racially motivated jokes were made by coworkers and managers. Additionally, during a safety meeting in October 2022, Human Resources Representative Madison Eschle allegedly made derogatory comments about Fountain's dreadlocks.

The complaint further details that on October 6, 2022, Fountain suffered a back injury while lifting materials at work. He was diagnosed with left lumbar radiculopathy and placed on medical restrictions by Moualla Kazan, CRNP. Despite being on medical leave under Worker’s Compensation, Fountain alleges that he was only paid for three workdays per week instead of six. When he questioned this discrepancy with Eschle, she reportedly responded dismissively.

Fountain also claims that he faced differential treatment compared to his non-disabled colleagues. For instance, when Caucasian truck driver Patrick Ebenks damaged his truck in May 2022 under similar circumstances as Fountain did in March 2023 during a snowstorm, Ebenks was not terminated. However, after reporting the incident involving his truck malfunctioning due to snowstorm conditions on March 4, 2023, Fountain's employment was abruptly terminated by Supervisor Antonio Rodrigues on March 8, 2023.

Fountain asserts that these actions constitute violations of Title VII of the Civil Rights Act of 1964 (as amended), the Americans with Disabilities Act (ADA), the Pennsylvania Human Relations Act (PHRA), and the Philadelphia Fair Practices Ordinance (PFPO). He argues that his termination was not only discriminatory but also retaliatory because it followed his request for reasonable accommodation and filing of a Worker’s Compensation claim.

In seeking relief from the court, Fountain requests compensatory damages for emotional pain and suffering as well as punitive damages. He also seeks reasonable attorneys’ fees and recoverable costs along with pre- and post-judgment interest. Additionally, he demands a permanent injunction against Andrews Logistics LP to prevent future discriminatory practices and orders for equal employment opportunity training programs within the company.

The case is being handled by attorneys David M. Koller and Jordan D. Santo from Koller Law LLC. The presiding judge is yet to be assigned under Case ID: 5:24-cv-04759.

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