MOUNDSVILLE – A West Virginia man is suing his former employer in a case involving alleged disability discrimination.

Jesse Moore filed a lawsuit March 11 in Marshall Circuit Court against Consol Pennsylvania Coal Company LLC, alleging disability discrimination and interference and retaliation under the Family and Medical Leave Act.

According to the complaint, at some point after being hired by Consol in 2006, Moore developed diabetes, a condition that occasionally caused him to miss work. Moore claims the absences were protected under FMLA, but Consol told him the absences were unacceptable and placed him in a remediation program, the suit says.

The suit alleges Consol told Moore on June 3, 2015, that all his absences were now being counted against his attendance. About a month later, on July 15, 2015, Moore's suit says he was terminated for failure to comply with the chronic and excessive absenteeism program he had been assigned.

Moore seeks a jury trial, punitive and compensatory damages, back pay and benefits, as well as litigation costs and reinstatement or front pay. He is represented by attorneys Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline & Campbell PLLC of Morgantown.

Judge David W. Hummel Jr. is assigned to the case.

Marshall Circuit Court Case number 16-C-43H

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