African-American Employee with Multiple Sclerosis at Center of Race and Disability Discrimination Case

Man alleges his employer violated state disability, race, and age discrimination laws when it did not transfer him to a different position in the company.

UNION CITY, CA, December 30, 2003 -- Ronald Turner, 54, an African-American ice cream delivery driver for Nestle Ice Cream Company, filed suit today in Alameda Superior Court against his former employer alleging the company refused to accommodate his disability, and treated him unfairly because of his disability, race and age. Attorneys from the Legal Aid Society - Employment Law Center representing Mr. Turner seek monetary damages and reinstatement under California's Fair Employment and Housing Act (FEHA) and other state laws.

In April 2001, while working at Nestle, Mr. Turner developed multiple sclerosis, a condition that was exacerbated by the coldness of the freezer truck. Mr. Turner made nearly daily requests for assistance, including requesting a transfer to another position to alleviate his MS symptoms, but his supervisor continually refused. Turner was forced to take several medical leaves of absence from work. Ultimately, the company terminated him.

"I am very anxious to return to work in any capacity except delivery driver," Turner wrote in a letter to company officials, "When I come in contact with the freezer on the truck and in the warehouse, I get swelling in [my] fingers, hands, arms and extremities. Please call me back and let me know if there are any jobs I could do to return to work ASAP...I have two children planning to go to college and I am struggling to take care of my family. Please!" The company never responded.

"Nestle had a clear legal duty to engage in what is called an 'interactive process' with Mr. Turner to identify and implement an accommodation for his disability," says Claudia Center, a Senior Staff Attorney at the Legal Aid Society - Employment Law Center (LAS-ELC). "Mr. Turner was remarkably persistent in seeking the company's attention. It's amazing that such a large company failed to even attempt to comply with the law."

Says Turner, "Being fired has put a tremendous strain on me and my family. I have two children in college and my wife works seven days a week to support us. We've had to declare bankruptcy, and I'm on medication to deal with the stress. I'm just looking to get back to work, and to get my family back to where it was."

Because Dreyer's has taken over Nestle's business, Mr. Turner's complaint names Dreyer's as the successor corporation. The complaint also includes allegations of race and age discrimination.

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