A Kenosha man is suing
Amazon.com, Inc. after alleging the company did not make accommodations for his physical disability at its Kenosha warehouse and instead fired him.
A civil lawsuit filed in U.S. District Court for the Eastern District of Wisconsin Tuesday shows the man is alleging Amazon is in violation of the
Americans with Disabilities Act.
The man was an employee at Amazon’s fulfillment center in Kenosha, located at 3501 120
th Ave. The man suffers from a nerve impingement as a result of an industrial accident that happened in the '90s, according to the complaint. The condition causes pain to radiate into his right foot.
When the man was originally hired by Amazon in 2019, his job was to scan packages. The company required workers to scan a minimum of 3,000 items a day, according to the complaint. Each time the man scanned an item, he would need to make several “shuffling steps,” which caused him pain due to his physical impairment.
After three months of dealing with the pain, the man was allowed to switch his position and become a “fluid leader,” a job which would not affect his physical disability. However, in July 2022, Amazon put in place a rotational policy, which meant the man would eventually be moved back to scanning packages, according to the complaint.
After informing his manager that the scanning work would cause him chronic pain and further harm, the complaint states the man began receiving “constant harassment” from the manager.
“This hostile work environment consisted of sarcastic comments, dirty looks, unfounded time-off-task warnings and other forms of harassment,” according to the complaint. “He was called a ‘slacker’ and was accused of avoiding work due to his physical limitations.”
After months of enduring the alleged harassment, the complaint says Amazon agreed to make accommodations from the man and move him. However, instead of putting in place accommodations, the complaint alleges the man was fired four days after reaching an agreement with the company. The man was fired due to a sexual assault allegation he said is false. The woman involved in the alleged sexual assault incident also denies any such incident took place, according to the complaint.
“Amazon knew that (the man) could not perform the duties of his job assignment of scanner and instead of implementing the agreed upon accommodations, Amazon chose to fire the man under dubious circumstances,” reads the complaint.
The man is seeking compensatory and punitive damages that will be determined by a jury.
Amazon declined to comment on the pending litigation.
