ST. LOUIS – A former employee has filed a discrimination lawsuit against Lutheran Senior Services, claiming that he was terminated for requesting a day off from work because of his disabilities.
Joshua Davis filed a lawsuit in the U.S. District Court for the Eastern District of Missouri against Lutheran Senior Services, citing allegations of discrimination and retaliation in violation of the Americans with Disabilities Act.
According to court documents, Davis was employed by the defendant as a dietary specialist and worked from July 11, 2022, until his termination on September 1, 2022. Davis claims he suffers from multiple disabilities, including Bertolotti syndrome, scoliosis and degenerative disc disease, as well as further disabilities related to gunshot wounds with bullets lodged in his spine impinging on his nerves and discs. Davis says his disabilities categorize him as a "qualified individual" under the ADA. Although these disabilities cause him severe back pain and substantially limit his mobility, Davis says he was able to complete his job duties.
On September 9, 2022, Davis says his back pain was so severe he asked for a day off from work to rest. He claims that although his supervisor granted his request for a day off, he was terminated the day after for taking an approved day off from work.
According to Davis, the defendant's actions constitute discrimination and retaliation in violation of the ADA. He is demanding a trial jury to seek a judgment for compensatory and punitive damages, as well as back pay, front pay, attorneys' fees, and any other relief the court deems proper. He is represented in this case by attorney Nathan C. Volheim of the Sulaiman Law Group, LTD. in Lombard, Illinois.
U.S. District Court for the Eastern District of Missouri case number 4:23-CV-01238-HEA