CHARLESTON – A Kanawha County man alleges his former employers created a hostile working environment by refusing to accommodate him after he sustained a brain injury in a car accident.
Aaron Walker filed a complaint in Kanawha Circuit Court against American Electric Power Co. Inc., Appalachian Power Co. and James D. Fawcett alleging constructive discharge due to disability discrimination, disability discrimination and other counts.
The suit states that the plaintiff was employed by the defendants and consistently performed his duties satisfactorily. The suit states the plaintiff was involved in a car accident in 2014 and sustained a traumatic brain injury. He alleges he was unable to return to work for approximately 12 months.
The plaintiff alleges he returned to work but his previous position proved too difficult for his limitations and applied for the energy efficiency coordinator position. He alleges the defendant was aware of the plaintiff's limitations but still failed to provide the plaintiff with accommodations that he required.
The plaintiff alleges he was nearly made to participate in a slip-and-fall simulation in January 2016 despite it being too challenging and uncomfortable for his condition. The suit states the plaintiff requested his occupational therapist write a letter to excuse him from such training and when the plaintiff presented it to Fawcett, his supervisor, Fawcett allegedly "became angry" with him. The plaintiff alleges from then on, the defendants engaged in intentional and wrongful discriminatory conduct toward him.
In October 2016, the plaintiff alleges he was told that he would be removed from the corporate office and required to work from home and was no longer able to drive a company vehicle. The plaintiff alleges he was placed on "sick pay" disability leave on Jan. 25, 2017. The plaintiff alleges he asked to return to work in July 2017 but the defendant refused to clear him for any positions. The suit states the plaintiff had to secure new employment at a lower salary than his position with the defendants.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Philip A. Reale II of the Law Office of Philip A. Reale PLLC in Charleston.
Kanawha Circuit Court case number 19-C-609