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WEST VIRGINIA RECORD

Friday, April 26, 2024

Woman sues Toyota for discrimination

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WINFIELD – A woman is suing Toyota Motor Manufacturing West Virginia Inc. after she claims her employment was terminated due to medical problems.

Manpower of WV Inc. was also named as a defendant in the suit.

In June 2015, Jennifer F. Wellman was employed by Toyota through Manpower as a production worker at Toyota’s Buffalo plant and in November, she began having medical problems and saw a specialist who scheduled her for gallbladder surgery on Jan. 7, according to a complaint filed May 23 in Putnam Circuit Court.

Wellman claims upon her release to return to light duty work, Toyota told her there was no light duty available and she returned to work on full duty on Feb. 1.

On Feb. 7, Wellman passed out at work and the next day, she returned to work, but was sent home because her medical records indicated she needed 24 hours of rest and a full release to return to work was needed by Toyota, according to the suit.

Wellman claims on Feb. 9, her doctor discovered a heart murmur and took her off work the rest of the week to perform a cardiac workup.

On that day, Manpower called Wellman and informed her that she was being terminated because she did not have a full release to return to work until the following Monday, according to the suit.

Wellman claims on Feb. 11 she called Manpower and confirmed she was being terminated because of her medical conditions, which violated the West Virginia Human Rights Act.

The defendants violated the WVHRA by discriminating against Wellman for her disability and for failing to reasonably accommodate her disability, according to the suit.

Wellman is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Richard W. Walters of Shaffer & Shaffer.

The case is assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 16-C-121

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