Fired for Flatulence!!!!

army judge

Super Moderator
Jurisdiction
New Jersey
OCTOBER 2--A Pennsylvania man was fired from his job at a pork roll producer due to extreme flatulence brought on by gastric bypass surgery, according to a discrimination lawsuit filed by the man's wife.

In a federal complaint, Louann Clem, 59, charges that the Case Pork Roll Company terminated her husband Richard, 70, last year after the Trenton, New Jersey firm's president frequently complained about her spouse's condition.

Louann Clem, who also worked for the company, said that her husband--who weighed 420 pounds--underwent gastric bypass surgery in 2010. "As a result of the surgery, Mr. Clem suffered side effects such as extreme gas and uncontrollable diarrhea," the lawsuit notes.

As her husband's symptoms worsened, Clem says, a "significant disruption in the workplace" occurred.

Clem, pictured at right, alleges that the pork roll company's president frequently harassed her about her spouse's condition, and made comments like "We cannot run an office and have visitors with the odor in the office" and "Tell Rich that we are getting complaints from visitors who have problems with the odors."

According to the complaint, Richard Clem, who was the firm's comptroller, was terminated last February from the pork roll company. On the same day, Louann "terminated her employment because of the harassment and discrimination her husband faced as a result of his disability and the resulting symptoms," the lawsuit claims.

Clem's disability discrimination complaint, which does not specify monetary damages, was filed after the federal Equal Employment Opportunity Commission issued her a "right to sue" letter in response to Clem's filing of a discrimination charge against her ex-employer.

It is unclear why Richard Clem is not a plaintiff in the federal lawsuit, which was filed last month in U.S. District Court in Trenton.

The good ole USA, where farts get you fired, and a lawsuit makes you rich!!!



Lawsuit Claims Man's Flatulence Prompted Firing
 
I don't see her claim as going anywhere as she is not the aggrieved party.

I've chatted with several lawyers and HR folks about this.
They were as befuddled, bemused, and confused as I am as to how this suit even got past the gatekeepers. LOL
 
The EEOC always issues a right to sue letter after their investigation & they dismiss the complaint. I don't see the claim going anywhere either.
 
The only gatekeepers who have seen it appear to be those at the EEOC who gave the consolation prize they give every case they do not take up themselves. I don't see it getting past summary judgment. My guess is her attorney knows there is no merit and never intends for this to see a court room, but is hoping the company will offer some kind of settlement rather than pay legal costs for a case that is going no where.
 
How would you accommodate the employee with the "disability" - by issuing gas masks? It's an unfortunate situation that may make one laugh at a distance although a very difficult one for the terminated employee. I can imagine that it night be difficult for a 70 year old man to find another local employment opportunity if pork rolling production is his specialty. Interesting case.
 
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