Former Safelite Driver Expands Claims in Suit Related to Kidney Failure
August 18, 2011

A former Florida Safelite driver who filed suit earlier this year alleging that the company based on a disability related to kidney failure, along with his age, has filed a second amended complaint. In the new complaint, Jose Rabeiro adds allegations that the company "adversely affected [his] employment because it 'regarded' plaintiff as having a disability/handicap, in addition to the current allegations that he was adversely affected because he in fact had/has a disability/handicap."

He says this addition came as the result of discovery produced in the case, and says the allegations arise from "the substance of [his] allegations in his administrative Charges of Discrimination."

In this document, filed with the amended complaint and with the Florida Commission of Human Relations and Equal Employment Opportunity Commission, Rabeiro alleges that he "was constantly harassed in respect to [his] age and disability and health conditions."
"Supervisors made direct comments to me that I was too old to properly perform my job as a driver and lifting windshields," writes Rabeiro. "Despite doctors' orders regarding my disability in having kidney failure and needing dialysis twice a week, management regularly scheduled for me to work precisely on the days of my dialysis, causing me to miss many appointments for treatment."

He also alleges that he "was treated different [sic] from healthy employees and younger employees because [he] ws sick and needed to use the [company's] insurance for [his] disability."

Rabeiro, 52, alleges that ultimately he was fired and replaced by a younger employee.

In his original complaint, Rabeiro alleged that he was released after nine years of employment in May 2009 due to his age and medical condition.

Safelite responded to the earlier complaint in July and denies the allegations.

Need more info and analysis about the issues?
Subscribe to AGRR Magazine.