Man gets $95,000 in suit against county
A man who claims officials with Lafayette County, Ark., wrongfully terminated him in violation of the Americans with Disabilities Act recently settled his case for $95,000.
Earl Forrester filed suit in October last year in the Texarkana Division of the Western District of Arkansas against Lafayette County with the help of Texarkana lawyers Louise Tausch and Brandon Cogburn of the Atchley, Russell, Waldrop and Hlavinka firm. Forrester, who began working for Lafayette County as a mechanic in 2007, claims he was humiliated and ultimately fired because of his disability after returning to work in August 2015 after undergoing multiple sur-
geries related to colon cancer and a hernia.
Tausch said a settlement agreement was reached in November and finalized this month with Forrester being paid $95,000.
Forrester’s complaint states he began working for the county in 2007 and underwent multiple surgeries to treat his condition beginning in September 2014. When Forrester returned to work in August 2015, his medical condition required that he have quick access to a restroom, and Forrester provided the county with a letter from his doctor spelling out his need.
Forrester alleges that his supervisor, Lafayette County Road Foreman and Superintendent Terry Bueler, not only refused to accommodate his disability, but encouraged and participated in humiliating and harassing him because of it. Attached as an exhibit to the complaint is a photo of sign typed in all capitals tacked to a restroom door where Forrester worked that reads, “New bathroom rule for Earl. 5 minute limit for each visit. Will be enforced.” The last sentence is highlighted and underlined.
The sign, described as “humiliating and degrading,” led Forrester’s co-workers to laugh at it and at Forrester.
“This sign was visible to the public,” the complaint states. “The sign even remained on the door for weeks after plaintiff was terminated.”
Forrester alleges he was forced to follow the mowing crew around the county when he returned to work after undergoing multiple surgeries to treat a baseball-size, benign tumor in his colon, according to the complaint. According to Forrester’s complaint, Lafayette County Judge Mike Rowe refused to discuss the situation with Forrester and would not consider a suggestion from Forrester that would have accommodated his needs at no expense to the county.
Forrester alleges Lafayette County requires one mechanic to always remain in the shop to work, but the county refused to consider placing him in that position.
“Working in the shop would have provided the plaintiff with immediate access to a restroom throughout the day,” the complaint states. “This would have provided plaintiff with a sufficient accommodation at no additional cost to defendant.”
Forrester’s complaint alleges Rowe and the Lafayette County Quorum Court were indifferent to his plight and that the Quorum Court members unanimously refused to grant him an accommodation.
“In September 2015, County Judge Mike Rowe terminated plaintiff’s employment due to plaintiff’s medical inability to wait to use the restroom,” the complaint states.
Forrester alleges he was fired for having to use the restroom outdoors while working in an area without an accessible bathroom and that other employees who have done the same have never been disciplined.