NEW ORLEANS – A former deputy sheriff for the Orleans Parish Sheriff’s Office is suing the department and its sheriff in Louisiana federal court, claiming they discriminated and terminated him due to his diabetic medical needs.
Plaintiff John P. Otis filed his lawsuit in the U.S. District Court for the Eastern District of Louisiana June 19. Orleans Parish Sheriff Susan Hutson is a named defendant in the complaint, along with the sheriff’s office.
Otis, a resident of St. Tammany Parish, claims the department violated the Americans with Disabilities Act, or ADA, by failing to accommodate his documented medical condition, despite request; despite the “reasonableness” of the accommodations requested; and despite his ability to perform the “essential functions” of his assigned position.
The ADA is a civil rights law that prohibits discrimination based on disability in various areas of life, including employment and transportation.
“The Defendant further violated the ADA by subjecting him to different and more adverse treatment than his non-disabled co-workers due to his disability and/or his employer’s perception of him as disabled,” the eight-page complaint states.
Otis, who suffers from diabetes and related health conditions, was hired by the sheriff’s office in February 2024. He was assigned to guard duty at the Travis Hill School for Inmates in New Orleans.
In his complaint, Otis says when reporting for work in May 2024 he was stopped by the sheriff's front desk/check-in staff and told he was not permitted to enter the facility with food.
Otis, in response, informed his manager that his diabetes required him to eat several times a day, prior to taking medication. He was advised to obtain a letter from his doctor, which Otis says he supplied soon after. He was then added to a list of employees allowed to bring food to work.
“Thereafter, front desk/check-in terminal staff began criticizing Plaintiff’s diet and, on at least one occasion, stating the name of Plaintiff’s health condition out loud,” his complaint states.
As part of his medical condition, Otis says he is required to attend periodic doctor’s appointments. On each occasion, Otis claims he informed the principal at the Travis Hill School in advance of his absences.
Despite this, in August 2024, he was contacted by human resources via email and informed that his employment with the sheriff’s office had been terminated due to attendance policy violations.
“Plaintiff was not given the opportunity to appeal this decision, which became effective immediately,” the complaint states.
Also, during his employment, Otis claims female employees were treated “more favorably” than himself.
“Specifically, such employees were permitted to bring and eat food while on the job, permitted multiple medical absences without repercussion, and permitted to appeal disciplinary actions prior to termination,” the complaint states.
Otis, pointing to the treatment of his female co-workers, contends the sheriff’s office violated the Civil Rights Act of 1964 by subjecting him to “adverse treatment” due to his sex/gender. The federal law prohibits discrimination based on race, color, religion, sex, or national origin.
The plaintiff argues the sheriff’s office is liable for training its employees on ADA compliance.
“The fact that officers, deputies, and supervisory personnel involved in the incidents described hereinabove carried out said employment practices in blatant violation of the aforementioned discrimination statutes is prima facie evidence that the incident(s) sued upon were not simply the act of a lone officer or deputy, but rather, said incidents resulted from improper and/or incomplete training as to the requirements of all of such officers and deputies’ duties and responsibilities,” the complaint states.
Otis argues his treatment and termination were the result of “unspoken and unwritten customs or practices” within the sheriff’s office.
Otis seeks actual and punitive damages, costs associated with bringing the lawsuit and attorney fees.
He is represented by Alistair A. Adkinson of New Orleans firm A.A. Adkinson Attorney LLC.