Man was fired from N.J. Acme store for his cerebral palsy, suit claims

CAMDEN -- Brian Woods was in a rehabilitation center, recovering from a complication of his cerebral palsy, when he was surprised by a letter from his employer of 16 years: Acme Markets was firing him for missing work. But Woods has claimed in a...

Man was fired from N.J. Acme store for his cerebral palsy, suit claims

CAMDEN -- Brian Woods was in a rehabilitation center, recovering from a complication of his cerebral palsy, when he was surprised by a letter from his employer of 16 years: Acme Markets was firing him for missing work.

But Woods has claimed in a federal lawsuit that his store manager, Michael Cicco, had targeted him for his disability in the past and that his firing June 5, 2015 was due to the same discrimination.

The Runnemede resident is suing Acme Markets in federal court for discrimination and wrongful termination.

Danielle D'Elia, a spokeswoman for the corporation based in Malvern, Penn., said it generally does not comment on litigation.  

"We can confirm that we have received the lawsuit, disagree with the claims set forth and look forward to setting forth the actual facts when we get our day in court," she said.

Cerebral palsy is a neurological disorder that affects muscle control. 

Woods' attorney, Graham F. Baird of Philadelphia, wrote in the suit that his client worked part-time for the Acme in Runnemede from 1999 to 2009 with "few difficulties." He was a bagger and later a cashier, and was never disciplined during that 10-year period, the suit says.

But when Cicco became the store manager in 2009, according to the filing, he started to target Woods for disciplinary action. Woods claims he was "written up several times for lateness due to weather, or moving around at his work station" and suspended three times.

Poor performance closes Acme store

Starting in January 2015, Woods said, he started to have blood clots due to his cerebral palsy. He missed 12 days of work that month and a week in March. He said that his employer informed him that because he was part-time he did not qualify for any paid leave or temporary disability.

In April, another complication from his disability caused him to be hospitalized for two weeks and then sent to a rehabilitation facility. That's where he learned his employer was planning to fire him for "absenteeism," the suit said.

He requested that the hearing on the matter be postponed so he could be present, he alleged, but it was held anyway with a union representative and resulted in his termination.

Woods is seeking punitive damages for his loss of income in the past and future, his emotional distress, humiliation and mental anguish, plus fees and costs. While he does not specify an amount, Baird wrote that they damages would be over $150,000.

The suit was originally filed in Superior Court in Camden County Dec. 19, but it was transferred to federal court in Camden Wednesday.

Attempts to reach Cicco, who is not named in the lawsuit, were unsuccessful.

Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.

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