July 2023 - WPDN

Steve Emery of Williams, Porter, Day, and Neville recently won a discrimination lawsuit involving a young man who sued his former company by attempting to use the Affordable Care Act. 

Emery represented a weed and pest control district that employs seasonal workers every summer to perform various jobs. One employee was disenfranchised with the company and attempted to sue Emery’s client for discrimination.

The plaintiff made allegations against the company for discrimination under the Affordable Care Act, alleging that he was denied health insurance because he was Native American. Nobody who worked for the company seasonally was provided with health insurance. The plaintiff submitted a complaint to the US Department of Labor in 2018. The Secretary of Labor reviewed his complaint, rejected it, and found that he was not discriminated against. 

Disagreeing with that decision, he requested a hearing, which took place in July 2019. It was tried over two days. The employee hired an attorney from Washington DC who specializes in whistleblower cases. Nevertheless, the judge who presided over the case ruled that the employee was not discriminated against. Emery had successfully defended the  case for his client. The employee recently appealed that decision as well, filing a 55-page brief about why the judge was wrong. It is being sent to the next level of review but judging by the past two decisions, it will likely be ruled against as well.