United States District Court, D. Nebraska
MEMORANDUM AND ORDER
Richard G. Kopf Senior United States District Judge
Ryan Elliot Fehderau, filed this case on December 21, 2018,
and was granted leave to proceed in forma pauperis on
December 31, 2018. The court now conducts an initial review
of Plaintiff's Complaint (Filing 1) to determine whether
summary dismissal is appropriate under 28 U.S.C. §
SUMMARY OF COMPLAINT
claims his former employer, Defendant, First National of
Nebraska, Inc., violated the Americans with Disabilities Act
(“ADA”), and he seeks to recover damages.
Plaintiff's alleged disabling impairment is autism
spectrum disorder. His standard form “Complaint for
Employment Discrimination” contains a section entitled
“Statement of Claim” with checkboxes listing
various discriminatory acts. Plaintiff has checked the boxes
for “termination of my employment, ”
“failure to promote me, ” “failure to
accommodate my disability, ” “unequal terms and
conditions of my employment, ” and
“retaliation.” (Filing 1, p. 4) No. supporting
facts are alleged in the Complaint, but Plaintiff has
attached a charge of discrimination he filed jointly with the
Nebraska Equal Opportunity Commission (“NEOC”)
and the federal Equal Employment Opportunity Commission
(“EEOC”) on November 21, 2018, which sets out the
I was hired on or about July 10, 2017 as a Network Services
From the beginning of my employment, I was denied tools and
access to programs that would help me complete my job duties.
I received access in the spring of 2018. My coworkers were
given those tools and access to the programs within weeks of
their hire dates.
I experienced harassment from my coworkers by overhearing
them talk about my medical conditions.
In or about May 2018, I informed my supervisor of my medical
conditions and harassment I was receiving because of my
medical conditions. I asked my supervisor if he wanted me to
email him with a list of my medical conditions, and he
replied he didn't want that in writing. Regardless, my
supervisor documented my medical conditions during that
meeting. The harassment stopped for a few weeks but started
again shortly after.
Starting on or about September 14, 2018, I was not able to
work because of my medical conditions. My medical conditions
restricted my ability to contact the company about my
absences. On or about September 18, 2018, I was admitted to
the hospital. On or about September 21, 2018, my
sister-in-law spoke with my supervisor and informed him that
I was not at work because of a medical condition and that I
was in the hospital. On or about September 25, 2018, I was
released from the hospital and found an email stating I had
been discharged on September 24, 2018. I contacted my
supervisor on or about September 26, 2018, and he confirmed
that I had been discharged on or about September 27, 2018,
Human Resources sent an email stating I had been discharged
for missing seven days of work without notification.
Human Resources has continued to mock me in writing because
of my medical condition.
I believe I was denied equal terms and conditions, harassed,
and discharged because of my disability, record of
disability, and/or being regarded as disabled in violation of
the Americans with Disabilities Act of 1990, as amended.
(Filing 1, pp. 10-11)
attached to the Complaint is a right-to-sue letter that the
EEOC issued on ...