Safelite Settles Disability/Age Discrimination Suit with Former Driver
September 26, 2011

Safelite has settled a suit with a former Florida driver through mediation. The suit, filed by Jose Rabeiro, had alleged that the company had discriminated against him both based on an alleged disability related to kidney failure and his age.

While the terms of the settlement have not been disclosed, one thing that's clear from court documents is an agreement was not simple. The settlement agreement was reached through mediation on August 22, and signed by both parties. But on September 5—just two weeks later—Rabeiro filed a notice that he intended "to continue the instant litigation rather than consummate the understanding reached during the August 22, 2011, mediation."

But, on September 22, a joint verified stipulation of dismissal with prejudice was filed by both parties, noting a "dismissal with prejudice of the [action] as a result of settlement of this matter." A notarized copy of the dismissal was signed by Rabeiro.

Rabeiro, who was 52 at the time of the filing, had alleged that he was released from Safelite in May 2009, after nine years with the company. He claimed that his release was related to the fact that during the last three to four years of his employment, he was diagnosed with kidney failure and was required to attend dialysis treatments three times per week on Tuesdays, Thursdays and Saturdays. He also had alleged that he was told by his supervisors that "he was too old and too infirm to continue being responsible for the route to which he was assigned," and that his original route was re-assigned to a younger employee.

Safelite spokesperson Melina Metzger declined to comment on the case.

Neither Rabeiro, nor Jeffrey Goodz, whose firm, Remer & Georges-Pierre PLLC, represented Rabeiro, could be reached for comment at press time.

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