Suit alleges former Advanced Technology Services employee terminated over work comp claim

A man claims he was fired in retaliation for filing a worker’s compensation claim.

Gage Moore filed a federal lawsuit on Dec. 6 in the U.S. District Court for the Southern District of Illinois against Advanced Technology Services, Inc., alleging retaliatory discharge, disability discrimination, retaliation, violation of the Illinois Human Rights Act – disability discrimination, disability retaliation, violation of the Civil Rights Act – race discrimination, violation of 42 U.S.C 1981, violation of the age discrimination in employment act, violation of the Illinois Human Rights Act – age discrimination, violation of the Family and Medical Leave Act – interference 29 U.S.C 2601 et. seq. and violation of the Family and Medical Leave Act – retaliation 29 U.S.C 2601 et. seq.

According to the complaint, Moore is an African American male who was employed by Advanced Technology Services when he allegedly sustained a workplace injury in 2019. Moore alleges he was told to file the injury under his personal insurance, but refused and filed it under workers’ compensation. He had surgery in January 2020. Moore was released to return to work at the end of February 2020 and was later furloughed due COVID-19.

Moore claims he was terminated on May 1, 2020, despite there being four or five Caucasian employees returning to work. Moore alleges his termination was the direct result of reporting his injury to workers’ compensation. He claims he was an individual with a disability or perceived disability and was retaliated against after asking for medical leave. He also claims he was discriminated against due to his race and age.

Moore claims he was caused to suffer past and future wage loss, loss of past and future earning capacity, loss of career opportunities; shame, humiliation, embarrassment, anxiety, loss of sleep, interference with his enjoyment of life and emotional distress.

Moore seeks judgement against the defendant for lost wages, salary, employment benefits, and/or other compensation denied or lost, interest on damages calculated, liquidated damages, equitable relief including employment or reinstatement, attorney’s fees, expert witness fees and cost of action.

This article was first published in Madison Record.

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