HUNTINGTON – A Cabell County man alleges he was terminated by his restaurant employer because of his disability.
Danny Bills filed a complaint in Cabell Circuit Court against OS Restaurant Services LLC alleging that the former employer violated the West Virginia Human Rights Act.
According to the complaint, the defendant operates an Outback Steakhouse in Cabell County and the plaintiff began his employment with it in 1995 as a cook. The suit states the plaintiff is 68 years old and has age-related macular degeneration in both eyes, but this does not affect his peripheral or side vision.
The plaintiff states the defendant contacted his physician in February for a medical opinion regarding whether the plaintiff could perform his job duties, to which the physician responded that the plaintiff "should be able to function in most environments." The suit states the plaintiff later learned he had been terminated in April.
The plaintiff holds OS Restaurant Services LLC responsible because the defendant allegedly failed to provide reasonable accommodation and terminated him due to his disability or perceived disability.
The plaintiff requests a trial by jury and seeks damages in an amount that will fully compensate him for his damages, attorney's fees and costs. He is represented by Amy C. Crossan and Neil R. Bouchillon of Bouchillon, Crossan & Colburn LC in Huntington.
The case has been assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number 18-C-338