MARTINSBURG — A man is suing Macy's after he claims he was discriminated against because of his neurodevelopmental disorder.
Timothy Russell Jr. was employed by Macy's beginning on Sept. 9, 2015, as a core associate, according to a complaint filed in U.S. District Court for the Northern District of West Virginia at Martinsburg. The case was originally filed in Berkeley Circuit Court in October.
Russell claims Macy's was aware of his neurodevelopmental disorder at the time of his hiring and agreed to provide him with reasonable accommodations. Russell worked in Macy's eCommerce Fulfillment Center in Martinsburg.
The reasonable accommodations allowed Russell to perform his job duties successfully despite his disability.
Beginning in November 2017, the defendant began to refuse to provide him with reasonable accommodations that had previously been allowed, according to the suit.
Russell claims on Jan. 20, 2018, his manager, David Tomes, terminated his employment, saying that he was too slow and that he did not need to be employed because he could receive Social Security disability benefits for his mental disability.
The defendant violated the West Virginia Human Rights Act (WVHRA) when it failed to provide him with reasonable accommodation, according to the suit.
Russell claims the defendant's actions were willful, malicious, intentional and deliberate so as to violate his rights when the company was aware of his rights.
Macy's also violated the WVHRA when it discriminated against Russell based on his disability.
Russell is seeking compensatory and punitive damages. He is represented by Barry P. Beck of Power Beck & Matzureff.
Macy's is represented by Joseph U. Leonoro of Steptoe & Johnson.
Macy's removed the case to federal court because of jurisdictional diversity and the amount in question exceeding the $75,000 limit in state court.
U.S. District Court for the Northern District of West Virginia at Martinsburg case number: 3:18-cv-00180