A former Publix produce clerk, who had been with the company almost 10 years, has filed a lawsuit under the Americans with Disabilities Act, saying managers denied him the regular schedule he needed, mocked him because of his disability, and eventually forced him to quit.
A lawsuit was filed on Thursday in U.S. District Court in Fort Lauderdale by William Naulty, 33, of Oakland Park. Naulty was employed at the Publix Super Markets’ Sea Ranch Lakes store.
The Americans with Disabilities Act requires that employers make accommodations for workers with disabilities who are able to perform the essential functions of a job. Naulty’s disabilities are epilepsy and a learning disorder.
Publix spokeswoman Jennifer Bush said the company had not seen the lawsuit and could not comment. “We employ people with a variety of disabilities, whether it be mental or physical, not only in our stores but in our Lakeland warehouse,” she said. “I know of Publix associates who have epilepsy, and we do work hard to accommodate individual needs.”
Publix also faces several sex-discrimination lawsuits, including one that was granted class-action status.
To avoid seizures, Naulty said he needed a regular schedule, with the same starting, ending, lunch, and break times every day. Naulty said that after five years, Publix managers began manipulating his schedule, which led to destabilizing medical conditions.
Naulty said that even after his physician wrote a letter to Publix informing them that fluctuating work hours would increase the likelihood of seizures, his schedule continued to fluctuate. Naulty also said he was mocked by managers and co-workers.
In August 1995, Naulty said he was forced to unload a truck by himself, which he said was a violation of company practice. After suffering two seizures the next day, Naulty’s physician advised him to quit the job. He left the company in August 1995, two months short of 10 years.
Loring Spolter, Naulty’s attorney said: “Publix managers at the store and certain employees went out of their way to make Bill’s life miserable. It wasn’t just a case of not providing reasonable acccommodations; it’s really a story of intentionally abusing someone time and time again.”
Publix spokeswoman Bush said the company had been commended for working with individuals with special needs. “Long before the ADA came along, Publix was committed to making accommdation for customers and associates,” Bush said.
