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Summary: A woman claims her husband suffered discrimination when he was fired for passing too much gas after he underwent gastric bypass surgery.
According to Law.com, a woman has filed a lawsuit alleging her husband was unfairly terminated because of side effects from his gastric bypass surgery.
The couple both worked at a pork roll factory named Case Pork Roll in Trenton, New Jersey, where Louann Clem was her husband’s secretary. In February 2014, husband Richard Clem was fired due to side effects he suffered after a gastric bypass procedure–namely flatulence and fecal odor. When Richard was fired, Louann quit, alleging harassment and discrimination. Now an “associational disability discrimination” suit is pending against the company.
The suit claims the pork roll manufacturer violated the Americans with Disabilities Act, discriminating against Mr. Clem for the disability of obesity. Additionally Ms. Clem argues the employer violated the New Jersey Law Against Discrimination because she was subjected to a hostile work environment. She claims this hostile environment forced her to leave her job after her husband was fired, throwing the couple into financial hardship.
Loading ...Mr. Clem is not named as a plaintiff in the case. He served as comptroller for Case Pork Roll, and his wife worked as a part-time administrative assistant. His weight hit 420 pounds in 2010, the year he had his gastric bypass surgery. After his surgery, he suffered from some nasty side effects, including diarrhea and gas that became more severe as the years passed.
Thomas Dolan, the president of Case Pork Roll, allegedly insisted that Mr. Clem work from home due to the foul stench. Apparently Dolan discussed the issue quite often with Mrs. Clem, asking if her husband was following his doctor’s orders and informing her that visitors to the office complained about the odors. However, according to Trentonian.com, Ms. Clem was the only person who worked in Mr. Clem’s office, and the odors did not bother her.
According to Eater.com, Mr. Clem said, “I think it’s disgusting. This is all very embarrassing. The fact is that I was a loyal and trusted employee for 10 years.”
The suit was filed on September 11, 2015 in federal court. It seeks compensatory damages, punitive damages, liquidated damages, pain and suffering, attorneys’ fees, and court costs. Additionally, it seeks injunctions that prevent the defendant from engaging in practices that violate the Law Against Discrimination and the Americans with Disabilities Act. It also asks the court to order Case Pork Roll to remove all negative, defamatory, or discriminatory documentation from Ms. Clem’s employment record.
David Koller of Philadelphia represents Ms. Clem.
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Source: Law.net
Photo credit: fox59.com, kollerlawfirm.com (Koller)
