Courthouse News Service reports that DeJesus states DMS Express “refused to allow [him] to take a short break in order to pick up his prescription medication” even though DeJesus had already informed the carrier two days prior that he would need to stop to pick up his prescription.
According to the Centers for Disease Control and Prevention, ”People with diabetes must take responsibility for their day-to-day care, and keep blood glucose levels from going too low or too high.”
DeJesus stated that when he arrived at the Kearney, New Jersey DMS Express location, he was ordered to “pick up a shipment in southern New Jersey and deliver it to Atlanta, Georgia by noon the next day,” Courthouse News Service reported.
According to the New Service, DeJesus explained he needed his medication and that it could be picked up just 4 miles off of his route.
To which, DMS refused, stating DeJesus as already late to pick up his shipment.
DeJesus then requested to pick up his prescription at a CVS location near the shipment pick-up location.
Again, DMS refused.
“DeJesus says the orders violated Department of Transportation hours-of-service rules, and were unsafe, as he ‘did not believe he could safely drive to Atlanta without his prescription diabetes medication,’” the Courthouse News Service reported.
According to the News Service, DMS terminated DeJesus “because of his objections to defendant’s unlawful and unsafe requests and because he requested an accommodation to pick up his medication.”
DeJesus is suing DMS Express for wrongful termination, disability discrimination and retaliation.