NEW ORLEANS – A general manager of a luxury import company is seeking damages over claims of wrongful and discriminatory termination.
Tom Siravo filed a lawsuit on March 28 in the U.S. District Court for the Eastern District of Louisiana against Rainbow Luxury Imports LLC over alleged violations of the American with Disabilities Act (ADA) and the Louisiana Discrimination Act (LDA).
Siravo asserts that he began employment with defendant on November 2007 as a general sales manager and promoted to general manager in 2011. He alleges that he has never had any write-ups or verbal warnings for either misconduct or deficient performance.
On Sept 13, 2015, Siravo was allegedly diagnosed with thyroid cancer and had to have his thyroid removed on Sept. 28, 2015. He allegedly missed two days of work and, a week later, he had to have a stint placed in his heart, missing two more days of work. On Oct. 8, 2015, Siravo allegedly experienced a collapsed lung and had to go to the emergency room, missing another two days of work. On Nov. 1, 2015, he was allegedly terminated.
Siravo argues that, because of his cancer, the stint in his heart, and the collapsed lung, he is constitutionally classified as disabled under the ADA. Siravo also argues that, unbeknownst to him, defendant hired his replacement while he was in the emergency room for the collapsed lung, which violated his contract with the company. He argues that the defendant terminated him due to his disability, which violated his rights under the ADA and the LDA.
Siravo is now suing for damages, including punitive damages as well as interest, attorney fees, the cost of the proceedings, and any and all equitable relief deemed just by the court. He is seeking a jury trial and is represented by James L. Arruebarrena in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-02500-SSV-MBN