Lawsuit Claims Firing Was In Retaliation

An Ohio dispatcher has filed a federal lawsuit claiming that he was fired for sleeping on the job, but in fact he has a medical condition covered by the Americans With Disabilities Act (ADA) and could perform the essential job functions without accommodation. The lawsuit filed in federal District Court also says the village of Lordstown fired James Luonuansuu for filing complaints with state and federal agencies claiming discrimination over his medical condition. Luonuansuu worked at the Lordstown Police Department for 10 years, regularly on the night shift. Starting in 2009, the lawsuit says he would “unknowingly drift off to sleep.” He sought medical treatment, received a diagnosis of a “disabling” medical condition, but was deemed fit for duty. But after supervisors noticed several incidents of Luonuansuu falling asleep, he was disciplined, and put on a “last chance” agreement. He underwent a fit-for-duty exam and returned to work. The police department then demanded Luonuansuu pay for the exam, and deducted the cost from his paychecks. Luonuansuu’s union appealed the deductions, saying it wasn’t part of the last chance agreement and was discriminatory. Luonuansuu also filed state and federal EEOC complaints against the city. In June 2011 the town fired him, saying he breached the terms of the last chance agreement, specifically that he agreed not to file any complaints or lawsuits. Luonuansuu later applied at the Ohio State Highway Patrol. During a background investigation, LPD chief Brent Milhoan “commingled” Luonuansuu’s personnel and medical records, and shared them with a OSHP investigator. The lawsuit notes that federal law requires that employers store and handle medical separately from routine personnel files. In its answer to the lawsuit, Lordstown officials say state and federal law exempts the town from lawsuits. They also claim that Luonuansuu didn’t meet certain legal filing deadlines. Luonuansuu asks for back and front pay, damages and attorneys fees. Download (pdf) the full lawsuit and other documents here.