Former Cumulus/Birmingham Manager Sues The Company
May 2, 2013 at 4:52 AM (PT)
In a lawsuit filed in the U.S. District Court For The Northern District Of ALABAMA Southern Division, former CUMULUS/BIRMINGHAM Market Mgr. BILL THOMAS (MICHAEL THOMAS STAINBACK) claims he was terminated just six days after informing the company he’d been diagnosed with congestive heart failure. The suit notes he "suffered discrimination via the terms and conditions of his employment, and subsequent termination from his employment, as alleged in the claims set forth below, and seeks permanent relief from this unlawful employment practice."
THOMAS says he informed corporate about his heart issues, and promised he’d continue his work. The suit writes, "Plaintiff is a person with a disability, has a history of a disability, and was regarded as disabled by Defendants. In 2009, Plaintiff had a severe heart attack which affected his heart rhythm. In 2010, Plaintiff had a pacemaker/defibrillator implanted after experiencing an attack of ventricular tachycardia, while undergoing a stress test. Because of Plaintiff’s condition of ventricular tachycardia, he is at risk of sudden death without immediate fibrillation. His heart is compromised and functions at approximately 40% capacity, and Plaintiff has been diagnosed with congestive heart failure. Despite his condition, Plaintiff can perform all the essential functions of his job as Market Manager."
During a meeting in ATLANTA, the suit points to a meeting, "On DECEMBER 21st, 2011, Plaintiff traveled to CUMULUS’ headquarters in ATLANTA to meet with DICKEY and co-COO JON PINCH, in person for the first time. During that meeting, Plaintiff informed DICKEY and PINCH of his 2009 heart attack. PINCH responded, 'You’re not going to keel over are you?' That comment made Plaintiff uncomfortable, as it was his first face-to-face meeting with his new bosses."
The suit says THOMAS was terminated shortly after informing CUMULUS of his health issues, he’s asking the court to order CUMULUS reinstate him or provide back pay plus various damages, for the alleged discrimination.