Hunter v. Dollar General Corporation

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
DENORVELL J. HUNTER
v. 	No. 4:25-cv-944-DPM
DOLLAR GENERAL CORPORATION
ORDER
PLAINTIFF
DEFENDANT
Hunter filed an amended complaint that provides more details
about his discrimination and retaliation claims. 	Doc. 5. The Court must
screen it. 	28 U.S.C. § 1915(e).
Hunter says that he suffered discrimination because of his status
as 	a 	veteran. 	He 	argues 	that 	he 	was 	denied 	reasonable
accommodations 	in 	violation of Title VII 	and 	the Americans 	with
Disabilities Act. 	Doc. 5. 	Hunter did not seek any accommodations
when hired, but he explains that he suffers from mental health issues
including a traumatic brain injury with posttraumatic stress disorder.
He 	is 	also 	affected 	by 	a 	number 	of 	physical 	issues 	involving 	a
previously torn Achilles tendon and problems with his right knee, back,
and right and left shoulders. It appears that Dollar General knew only
about Hunter's Achilles injury. 	In July 2024, Dollar General told him to
leave work when Hunter asked to be excused from required workplace
stretching. Hunter feared he would aggravate that injury. He says that,
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rather than reassign him to a different, unidentified position, he was
"forced on unpaid leave," and told he could return to work once his
disability 	restrictions 	were 	lifted. 	Hunter 	explained 	that 	he 	was
permanently disabled and would require accommodations. 	He was
placed on leave and fired in August 2024 for taking an unapproved
absence.
Hunter's discrimination claim is dismissed because veterans are
not a protected class identified under Title VII. 	42 U.S.C.A. § 2000e et
seq.; 	see 	also 	Johnson 	v. 	Potter, 	2007 WL 4218976, 	at 	*2 	(E .D. 	Mo.
29 November 	2007). 	However, 	he 	states 	an 	ADA claim 	about 	his
Achilless injury. 	Hunter made Dollar General aware that he had an
Achilles injury, sought excusal from exercise or a position change, and
was 	denied 	both. 	All other claims are dismissed as insufficiently
pleaded. 	Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
The Court directs the Clerk to issue summons for Dolgencorp,
LLC, d/b / a Dollar General, and deliver it, along with a copy of the
complaint, amended complaint, the screening Order, and this Order to
the United States Marshal for service. The Marshal must serve process
on Dolgencorp's registered agent, Corporation Service Company, 300
South Spring Street, Suite 900, Little Rock, Arkansas 72201.
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So Ordered .
(/
D.P. Marshall Jr.
United States District Judge
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