West Virginia Record

Tuesday, September 17, 2019

Federal judge dismisses case alleging ADA discrimination

Lawsuits

By Kyla Asbury | Jul 1, 2019


CHARLESTON — A motion to dismiss was granted in a case against Captain D's filed by a former employee.

District Judge Joseph R. Goodwin granted the motion to dismiss and compel arbitration, citing that the plaintiff is bound by the Employee Dispute Resolution Plan, according to the opinion and order.

"Conceding that ... he is bound by the EDR Plan, i.e., the arbitration agreement, the plaintiff’s only argument is that the court should stay this action, as opposed to dismissing it, pending the outcome of arbitration," the opinion states.

Goodwin found all of the plaintiff's claims are arbitrable and because of that, dismissal is warranted.

Michael Todd Raynes suffered head trauma from an automobile accident in 1990, which caused him to suffer from chronic migraines and would cause him to occasionally pass out, according to a complaint filed March 1 in Kanawha Circuit Court and removed to federal court April 17.

In March 2015, Raynes began working for Captain D's in Cross Lanes. He claims due to his medical condition, he passed out on multiple occasions while he was working and the general manager referred to Raynes' episodes as "power naps," according to the suit.

Raynes claimed while he was passed out, several employees kicked him in the presence of his general manager on different occasions. After passing out in February 2018, Raynes' hours were significantly cut and his manager told him that he could not handle working.

On March 2, 2018, the general manager called Raynes into his office, pointed to a form and said, "sign that, you're fired," the complaint states.

Raynes claims the restaurant discriminated against him and violated the Americans with Disabilities Act.

Raynes is seeking compensatory and punitive damages. He is represented by Richard W. Walters and Carl W. Shaffer of Shaffer & Shaffer.

Captain D's is represented by Maria Greco Danaher of Ogletree, Deakins, Nash, Smoak & Stewart.

U.S. District Court for the Southern District of West Virginia Case number: 2:19-cv-00289

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Kanawha Circuit Court U.S. District Court for the Southern District of West Virginia Charleston Division

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