A former employee has filed a lawsuit against major pet supply company Petco Health and Wellness Company, Inc., and Petco Animal Supplies Stores, Inc., accusing them of violating her rights under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and various New York state laws.
The lawsuit filed by plaintiff Daria Fahrenkrug alleges that during her employment at Petco, she was subjected to discriminatory practices due to her disability, Mast Cell Activation Syndrome (MCAS). She alleges that despite being able to perform her job duties effectively, she faced retaliation after requesting reasonable accommodations for her condition. The complaint states that Fahrenkrug began experiencing symptoms in March 2024 and was formally diagnosed in October 2024. Despite notifying her employer and requesting short-term leave as an accommodation, she was terminated just days after applying for long-term disability leave under FMLA on November 7, 2024.
Fahrenkrug further claims that her termination was based on pretextual reasons related to year-old infractions which were allegedly used to mask discriminatory motives. She also accuses Petco of retaliating against her for opposing discriminatory practices related to familial status and labor law violations. Specifically, she highlights an incident from July 6, 2023, where she opposed management's refusal to allow employees overtime hours necessary to complete their work without skipping breaks.
In addition to seeking damages for lost wages and benefits due to wrongful termination, Fahrenkrug is pursuing compensatory damages for emotional distress caused by these alleged unlawful practices. She argues that Petco's actions have resulted in severe financial hardship, impacting her ability to maintain housing stability and continue her education due to the loss of tuition reimbursement benefits.
The plaintiff is represented by attorney Olena Tatura of Akin & Salaman PLLC. The case was filed in the United States District Court for the Eastern District of New York under Case No. 2:25-cv-02156.