CHARLESTON – A Charleston man alleges he was unlawfully terminated from his job with the state and that it would not accommodate his medical needs.
Clifford Garnes filed a complaint in Kanawha Circuit Court against the state of West Virginia Department of Administration alleging unlawful discrimination, failure to accommodate and unlawful termination/constructive discharge.
The suit states that the plaintiff was hired by the defendant in 2014 as a grounds mechanic, left to care for his wife for a period of time, and was rehired in October 2018. He alleges he was diagnosed with chronic obstructive pulmonary disease (COPD) in December 2017 and informed the defendant of this during his job interview.
He alleges conditions in the defendant's shop exacerbated his COPD, including exposed insulation and mold in the air vents. He alleges he requested that the work space be cleaned in January and an inspection was done, but no changes were made. He alleges he requested another accommodation in March and was met with hostility, and he was terminated in May.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Aubrey Sparks of Mountain State Justice Inc. in Charleston.
The case has been assigned to Circuit Court Judge Louis Bloom.
Kanawha Circuit Court case number 19-C-808