COLUMBIA — A jury awarded $1.19 million to a Lexington County man who alleged Richland County discriminated against him for his disabilities and retaliated after he filed a workers’ compensation claim and took medical leave during the COVID-19 pandemic.
The jury's decision in favor of former Richland County economic development office research analyst Tim Duerr led to a March 31 court ruling ordering Richland County to pay the damages, along with post-judgment interest at 4.1%. In a statement, attorneys for Duerr called the ruling one of several significant decisions on employee rights under the federal Americans with Disabilities Act (ADA) and the Family and Medical Leave Act, along with state workers’ compensation laws.
"The jury’s decision reflects the clear reality that employers have a responsibility to comply with federal and state employment laws, and when they fail to do so, there are serious consequences," said Shannon Polvi, one of Duerr’s attorneys. "This case is a victory not just for Mr. Duerr, but for all employees who deserve protection under the law."
According to a Richland County court summons, the military determined that Duerr, a six-year U.S. Navy veteran, was disabled due to high blood pressure and arthritis in his left ankle. Other disabilities included diabetes, irregular heart rhythms and gastric reflux, the summons said.
On July 24, 2019, Duerr tore a tendon in his right arm while helping his supervisor, economic development director Jeff Ruble, install a monitor to a wall in his office, the summons said. The tendon tore as he shifted the weight to his right arm while attempting to move wires with his left, it said. The injury required surgery and left a permanent impairment and deformity.
He filed a workers' compensation claim and reached a settlement the following summer.
After the COVID-19 pandemic began in 2020, Ruble pushed for all economic development staff to stay in the office, but Duerr requested to work from home as a reasonable accommodation under the ADA, which the county’s human resources department approved, the summons said.
On Jan. 4, 2021, Duerr and his family contracted COVID-19, and he received a doctor’s note for two weeks of medical leave. He resumed working remotely later that month.
While working remotely, attorneys said Duerr met expectations, citing a virtual private network (VPN) that tracked his work hours.
A week after returning from medical leave, Ruble and a county HR representative told Duerr in a Zoom meeting that his role was being replaced by a marketing position and that he was being fired, the summons said. Although he was encouraged to apply for the new role, attorneys said the position didn’t exist, the document said.
Duerr’s access to the county server was cut during the meeting, attorneys said. He was also told to return all equipment within 30 days, they said.
During a following ADA complaint process, attorneys said Duerr learned the marketing position wasn’t in the economic development office's strategic plan, which they said Ruble hadn’t submitted for approval.
Although Duerr was reinstated, he was told his research role would be replaced with marketing duties, according to court records. On Feb. 25, 2021, he was fired a second time during another Zoom meeting, the records said.
According to the summons, a notice from Assistant County Administrator Lori Thomas said the county fired him again over comments he made in a meeting where attorneys said he was encouraged to speak openly about his first termination. The termination notice also cited his communications with his supervisor and county administration weeks later, attorneys said.
Attorneys for Duerr say the county fired him twice for false reasons and that his disabilities, including one from a workplace injury involving a supervisor, qualified him for federal protections.
When reached by phone, Ruble declined to comment on the allegations and referred the request to County Administrator Leonardo Brown. A county spokesperson said in an emailed statement that it “follows the employment best practice standard of not commenting on personnel matters.”
In a statement, Duerr said he was grateful for the jury’s verdict.
"This win means so much to me and my family. Holding Richland County accountable wasn’t easy, but it was necessary," he said. "I hope this outcome shows that speaking up matters, and that change is possible.”