Man was fired for passing gas, disability suit says
Updated: A New Jersey worker was fired for passing gas, his wife says in a disability suit filed against his now-former employer.
Plaintiff Louann Clem, who also worked at the same company as her husband, Richard, says he suffered from gastric distress after having bypass surgery for his obesity, reports NJ.com. His “extreme gas and uncontrollable diarrhea” led to harassment and discrimination by his employer, a Trenton-based manufacturer of pork rolls, she alleges, asserting violations of federal and state disability law.
Before Richard Clem was fired in February 2014, Case Pork Roll Co. president Thomas Dolan allegedly told Louann Clem: “We have to do something about Rich. … This can’t go on. We can’t run an office and have visitors with the odor in the office.”
Louann Clem says she quit the same day her husband was fired, because of the discrimination he experienced. Her suit alleges violations of the federal Americans with Disabilities Act and state anti-discrimination law.
Dolan told NJ.com he could not comment, based on advice from legal counsel.
However, owner Tom Grieb said neither of the Clems was fired and contends they walked out because they didn’t want to take a pay cut because of a drop in business the company was suffering, the Associated Press reports.
The lawsuit was filed Sept. 11 in federal court in Camden, Philly.com reports. It seeks unspecified compensatory and punitive damages.
Updated at 2:15 p.m. to include information from Associated Press article.
