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
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
to the earlier complaint in July and denies the allegations.
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