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Former employee with Down's Syndrome files ADA lawsuit against Lowe's

FLORIDA RECORD

Tuesday, December 24, 2024

Former employee with Down's Syndrome files ADA lawsuit against Lowe's

Federal Court
Lowes

A former employee who has Down's Syndrome accuses Lowe's of discrimination and retaliation.

Kevin Kennedy filed his lawsuit in federal court against Lowe's Home Centers LLC.

According to the complaint, Kennedy says he faced discrimination and retaliation in violation of the Americans with Disabilities Act and Florida Civil Right Act.

The complaint says Kennedy began his employment with Lowe's in March 2005 as a loader. Despite having Down's Syndrome, a genetic disorder that results in lifelong intellectual disability and developmental delays, Kennedy says he consistently met and exceeded performance and productivity goals during his 15+ years at the company.

However, upon returning from medical leave related to COVID-19 in 2022, Kennedy says he experienced discrimination from a new store manager. Allegedly, the manager interfered with his return to work and allowed other employees to mock his disability. The manager also demanded Kennedy retain a full-time "work coach," which was not practically available. 

When Kennedy objected to this demand, he was not permitted to work and ultimately was terminated on June 3, 2022.

The complaint claims no cause was given for the termination and it served no legitimate business purpose. It further alleges Lowe's refused to engage in any interactive process regarding what could be done to allow Kennedy to return to work because he could perform all essential functions of his position.

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