CHARLESTON — A Harts man is suing United Dairy claiming he was wrongfully discharged from his employment due to a disability.
Tyler J. Mounts was hired on March 7 in United Dairy's Charleston facility as a picker and sorter of milk products that were packaged and distributed by the defendant, according to a complaint filed in Kanawha Circuit Court.
Mounts claims he suffers from auditory processing disorder, schizoaffective disorder and post-traumatic stress disorder, which substantially limits major life activities. The defendants were aware of Mounts' disability.
During his employment, the defendant notified the plaintiff of changes in the milk product for sorting purposes over an audio intercome or speaker, which, due to his disability, he was not able to clearly understand the intercom or speaker broadcast and he requested modification so that he could effectively perform his work tasks, according to the suit.
Mounts claims the defendant unreasonably denied the request and fired him from his job.
Mounts claims despite his disability, with reasonable accommodation he retained the ability to perform the essential job functions. He claims the defendant discharged him from his employment because of his disability.
Mounts is seeking compensatory and punitive damages. He is represented by Thomas H. Peyton of Peyton Law Firm in Nitro.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 23-C-794