Vehicle operator claims employment denied after failing grip-strength test

Michelle Massey Aug. 25, 2010, 4:00am

A Texas resident has filed a lawsuit, claiming he was denied employment after failing a physical due to a disability.

Claiming violations of the Americans with Disabilities Act, Jason Robinson filed suit against C-Innovation, Galliano Marine Service & Offshore Service Vessels Aug. 17 in federal court in New Orleans.

Robinson has a physiological condition known as Erb's Palsy, which limits the size, strength and flexibility of his left hand and arm.

Robinson states that he was offered a job as a Remote-Operated Vehicle Senior Technician working with C-Innovation in March.

Robinson took a pre-employment physical but failed due to a grip-strength test.

He states the defendant rejected an employment offer because he was regarded as having a physical impairment "that substantially limited his major life activities, including working." However, Robinson states that for the past five years he was worked as a remote-operated vehicle pilot technician and supervisor, performing the essential functions of the positions with or without reasonable accommodation.

Robinson claims the disability limits his ability to grip and work with objects over his head.

Robinson states that he is qualified for the position and capable of performing the essential functions of the position with or without reasonable accommodation.

The plaintiff is seeking damages for back pay, lost benefits, reinstatement and/or front pay, attorney fees, court costs, litigation expenses, liquidated damages, punitive damages, damages for emotional distress, humiliation, embarrassment, loss of enjoyment of life and inconvenience plus interest.

Robinson is represented by Gretna attorney Alan F. Kansas. A jury trial is requested.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:10cv02760

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