A Houston-based multinational energy company has been accused of discriminating against one of its former workers in a complaint filed on June 24 in the Harris County District Court. The 66-year-old Brazoria County resident alleges in his litigation that the Phillips 66 Company violated the Americans with Disabilities Act by terminating his employment after he took leave under the provisions of the Family and Medical Leave Act.
In his lawsuit, the many claims that he was placed on administrative leave in May 2018 and fired a month later. The man says that he was not notified about any violations he had committed before he was let go and was not subject to any disciplinary action at the time of his termination. The man underwent back surgery in 2017 and requested FMLA leave after injuring his back in April 2018. He was placed on administrative leave just days after being medically cleared to return to work.
The man, who worked for seven years at a Phillips 66 facility in Old Ocean, is seeking compensatory, liquidated and punitive damages for the alleged Americans With Disabilities Act violation. He also wants his case to be heard by a jury. Initial media reports do not contain any statements about the case from Phillips 66.
Attorneys with experience in this area could explain to individuals who claim to have been treated unfairly that they may seek remedies under the ADA if they have a condition that substantially impairs everyday life activities. Impairments can be either physical or mental. Attorneys could also point out that workers may file ADA claims when their employers demand medical testing or fail to make to make reasonable accommodations. Attorneys may advise workers who wish to pursue such claims to keep detailed records of their workplace experiences and their requests for reasonable accommodations.