A former heavy equipment operator claims he was unlawfully terminated after disclosing his diagnosis of multiple sclerosis and requesting protected medical leave, raising concerns about workplace rights for employees with disabilities. The complaint was filed by Scott Moreno in the United States District Court for the Northern District of Illinois on March 21, 2026, naming VCNA Prairie LLC, doing business as Prairie Materials, as the defendant.
According to the filing, Moreno alleges that his employer discriminated against him based on his disability, failed to accommodate his condition as required by law, interfered with his rights under the Family and Medical Leave Act (FMLA), and retaliated against him for engaging in protected activities. The lawsuit is brought under both the Americans with Disabilities Act (ADA) and FMLA statutes.
The complaint details that Moreno began working for Prairie Materials as a Heavy Equipment Operator around February 2023. He was diagnosed with multiple sclerosis (MS) in December 2021 but did not initially experience symptoms requiring disclosure or accommodation. In May 2023, after experiencing flare-ups including severe cramping and sleep issues, Moreno disclosed his MS diagnosis to the company and requested FMLA leave due to these health issues. He was granted short-term disability benefits at that time.
While Moreno was on FMLA leave in June 2023, all employees in his department were laid off. When employees were called back to work in January 2024 according to a union seniority list under a collective bargaining agreement (CBA), Moreno alleges he was excluded despite being first on the callback list. Instead, two non-disabled employees were recalled before him. The complaint states: “Plaintiff was being treated differently than those outside Plaintiff’s protected class as he was not being called back despite his seniority on the callback list.”
Moreno further asserts that from April through June 2024, company employees who had not been told about his condition became aware of it, suggesting that management had discussed his medical status without consent. During this period, he claims excessive demands were made by Prairie Materials for return-to-work documentation from his physician—requirements he says were more stringent than those imposed on other workers.
After eventually returning to work in June 2024 following months of delay allegedly caused by these additional requirements, Moreno says he faced harassment from management regarding discussions of his medical condition among coworkers. He also contends that when he attempted to file for FMLA leave again during an MS flare-up in October 2024, he was told he was no longer eligible due to insufficient hours worked—a situation Moreno attributes directly to not being called back according to seniority earlier in the year.
The complaint describes further alleged disparate treatment: “Upon Plaintiff’s attempt to return to work… Defendant required Plaintiff to complete a full Department of Transportation physical and drug and alcohol test—a requirement that was non-standard for Plaintiff’s position.” According to Moreno’s account, neither other non-disabled employees nor those returning from layoff were subjected to such tests.
On November 6, 2024, after providing a doctor’s note and advance notice per company policy due to another MS flare-up requiring absence from work, Moreno says he was terminated the next day for accumulated absenteeism points. He argues these points would not have accrued if Prairie Materials had properly accommodated his disability or allowed FMLA-protected absences: “Plaintiff would have never accumulated attendance points but-for Defendant failing to call him back and making him FMLA ineligible.”
Moreno claims he was denied opportunities offered to others—including training on different equipment—and relegated only to less desirable assignments because of his disability. The suit accuses Prairie Materials of willful violations of both ADA provisions regarding discrimination, harassment, failure to accommodate disabilities, retaliation for protected activity; as well as FMLA interference and retaliation.
The relief sought includes back pay; payment of interest; front pay; loss of benefits; compensatory and punitive damages; liquidated damages; reasonable attorneys’ fees; pre-judgment interest if applicable; and any other relief deemed just by the court.
Attorneys Sophia K. Steere and Nathan C. Volheim of Sulaiman Law Group Ltd., located at Lombard, Illinois represent Scott Moreno in this case (Case ID: 1:26-cv-03187).
Source: 126cv03187_Scott_Moreno_v_VCNA_PrairieComplaint_Northern_District_of_Illinois.pdf