CHARLESTON — A man says Heritage-Crystal Clean violated the West Virginia Human Rights Act.
Michael Gray was employed by Heritage-Crystal Clean as the Charleston branch manager and regional branch manager trainer in its Kanawha County location, according to a complaint filed in Kanawha Circuit Court and then removed to U.S. District Court for the Southern District of West Virginia.
The case was removed to federal court in August.
Gray claims during his employment, he consistently performed his duties in a satisfactory manner and met the reasonable expectations of the defendant.
"While working for Defendant, the Plaintiff suffered from physical impairments which substantially limited him in one or more of his major life activities, including but not limited to working and walking," the complaint states. "Such impairments include but are not limited to the disease of cancer as well as a physical impairment affecting his back which required surgery."
Gray claims he has a record of having such impairments and was perceived as having such impairments and was considered disabled under the West Virginia Human Rights Act.
As a result of Gray's conditions and treatment for his conditions, he was forced to miss work and was unable to drive at times due to his condition, according to the suit. He claims he sought reasonable accommodations relating to the issues, including requesting leave from work.
The defendant terminated Gray's employment on April 3, according to the suit.
Gray claims he was terminated at 55, which was age discrimination. He claims he was replaced with a substantially younger employee who was less qualified than Gray for the position.
"When making the decision to terminate the Plaintiff's employment the Defendant was motivated, in whole or in part, by the Plaintiff's age, disability and/or requests for reasonable accommodation," the complaint states.
Gray is seeking compensatory and punitive damages with pre-judgment interest. He is represented by Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson & Frampton in Charleston; and James R. Akers II of Akers Law Offices in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:23-cv-00569 (Kanawha Circuit Court case number: 23-C-587)