HUNTINGTON - A man is suing Andersen Windows Inc. after he claims he was discriminated against based on his disability.
David Sepic, an employee of Andersen Windows, was also named as a defendant in the suit.
Gary K. Estep was employed for Andersen Windows as a sales representative from 2002 until his employment was terminated on July 31, 2013, according to a complaint initially filed in Putnam Circuit Court and recently removed to federal court.
Estep claims he reported to Sepic beginning in 2010 and was under his supervision until his termination.
The plaintiff has a heart condition with a history of atrial fibrillation, which required him to seek medical treatment on occasion, according to the suit. In September 2012, Estep presented to Charleston Area Medical Center and underwent surgery to repair a hernia, which required him to miss work.
Estep claims in November 2012 he experienced chest pain and underwent a heart catheterization, which required him to miss work and in December 2012, he presented to CAMC and underwent a second hernia repair surgery, which caused him to miss work.
On May 13, 2013, Estep's chest was fluttering and he presented to CAMC for treatment and on May 29, 2013, he presented to CAMC with fatigue and extreme shortness of breath. He was diagnosed with having heart palpitations and dizziness, according to the suit.
Estep claims in 2012 he was put on a coaching plain over alleged low sales production, which was converted to a performance improvement plan. Prior to 2012, he had never been placed on any type of improvement and/or coaching plan while employed with the defendant.
The defendants purported improvement plan was pretexual and was designed for him to fail, according to the suit.
Estep claims in June 2013, the Sepic contacted him to discuss his heart condition and shortly after the phone call, the defendants terminated Estep's employment.
The defendants violated the West Virginia Human Rights Act by discriminating against Estep for his disability, according to the suit.
Estep is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Larry O. Ford of Meyer, Ford, Glasser & Radman PLLC.
The defendants are represented by Ashley C. Pack and Katherine B. Capito of Dinsmore & Shohl LLP.
The case is assigned to District Judge Robert C. Chambers.
U.S. District Court for the Southern District of West Virginia case number: 3:15-cv-11888
