December 25, 2014
By Mail
S. Claus
Chief Executive Officer
Claus Manufacturing, Inc.
25 Holiday Lane
North Pole, AK 01225
Re: Deere v. Claus Mfg.
Confidential and For Settlement Purposes Only
Dear Mr. Claus:
This law firm has been retained to represent Mr. Rudolph Deere (“Mr. Deere” or “our client”), a current employee of Claus Manufacturing, Inc. (the “Company”). This letter is being sent to you in your capacity as the Chief Executive Officer of that entity.
As you know, Mr. Deere has served the Company faithfully for many years, primarily as an integral member of the Company’s international Toy Distribution Team. Unfortunately, it appears that Mr. Deere’s dedication has not been reciprocated.
Mr. Deere suffers from a medical condition that causes his nose to glow bright red. This condition substantially limits the major life activity of breathing, and thus constitutes a “disability” within the meaning of all relevant statutes, including the Americans with Disabilities Act (ADA). It is, of course, our position that the ADA’s protections are broad enough to extend to anthropomorphic deer such as our client. At all relevant times, Mr. Deere was qualified to perform the essential functions of his job.
Mr. Deere’s co-workers have subjected him (and continue to subject him) to a hostile work environment – by, for example, repeatedly and mercilessly laughing at him, calling him names, and purposefully excluding him from Company-related recreational activities – on the basis of his disability. We have also been advised that you were well aware of this harassment, yet did nothing to stop it. Your recent attempt to ameliorate the situation by “allowing” our client to work on Christmas Eve hardly makes up for the hostile work environment our client has endured and continues to endure. In fact, your singling out Mr. Deere for “preferential” treatment has caused his co-workers to intensify their teasing.
We therefore demand that (1) you take immediate and appropriate steps to stop the harassment, and (2) the Company appropriately compensate Mr. Deere for the harassment he has already endured. Kindly contact me to discuss specific terms. If you don’t respond, we will assume that the Company is not interested in an amicable resolution of our client’s claims, and proceed accordingly.
Yours, etc.,