Suit Claims Man Fired for ‘Flatulence,’ Foul Stench
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

A woman claims that her husband suffered discrimination when he was allegedly fired for passing too much gas after he underwent gastric bypass surgery.

Summary: A woman claims her husband suffered discrimination when he was fired for passing too much gas after he underwent gastric bypass surgery.

According to Law.com, a woman has filed a lawsuit alleging her husband was unfairly terminated because of side effects from his gastric bypass surgery.


The couple both worked at a pork roll factory named Case Pork Roll in Trenton, New Jersey, where Louann Clem was her husband’s secretary. In February 2014, husband Richard Clem was fired due to side effects he suffered after a gastric bypass procedure–namely flatulence and fecal odor. When Richard was fired, Louann quit, alleging harassment and discrimination. Now an “associational disability discrimination” suit is pending against the company.

The suit claims the pork roll manufacturer violated the Americans with Disabilities Act, discriminating against Mr. Clem for the disability of obesity. Additionally Ms. Clem argues the employer violated the New Jersey Law Against Discrimination because she was subjected to a hostile work environment. She claims this hostile environment forced her to leave her job after her husband was fired, throwing the couple into financial hardship.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!

Do you think obesity is a disability?

View Results

Loading ... Loading ...

Mr. Clem is not named as a plaintiff in the case. He served as comptroller for Case Pork Roll, and his wife worked as a part-time administrative assistant. His weight hit 420 pounds in 2010, the year he had his gastric bypass surgery. After his surgery, he suffered from some nasty side effects, including diarrhea and gas that became more severe as the years passed.

Thomas Dolan, the president of Case Pork Roll, allegedly insisted that Mr. Clem work from home due to the foul stench. Apparently Dolan discussed the issue quite often with Mrs. Clem, asking if her husband was following his doctor’s orders and informing her that visitors to the office complained about the odors. However, according to Trentonian.com, Ms. Clem was the only person who worked in Mr. Clem’s office, and the odors did not bother her.

According to Eater.com, Mr. Clem said, “I think it’s disgusting. This is all very embarrassing. The fact is that I was a loyal and trusted employee for 10 years.”

The suit was filed on September 11, 2015 in federal court. It seeks compensatory damages, punitive damages, liquidated damages, pain and suffering, attorneys’ fees, and court costs. Additionally, it seeks injunctions that prevent the defendant from engaging in practices that violate the Law Against Discrimination and the Americans with Disabilities Act. It also asks the court to order Case Pork Roll to remove all negative, defamatory, or discriminatory documentation from Ms. Clem’s employment record.

David Koller of Philadelphia represents Ms. Clem.

Read more weird legal news here:

A raccoon fought back when a man attempted to use it to cheat a breathalyzer.

The case of the “monkey selfie.”

Corporate lawyer turns peeping tom.

Source: Law.net

Photo credit: fox59.com, kollerlawfirm.com (Koller)



Lead Attorney

USA-VA-Virginia Beach

Multi-state legal recoveries Firm seeks Lead Attorney to join its Virginia Beach, VA office. This is...

Apply now



CHENEGA HEALTHCARE SERVICES, LLC Washington DC   The Paralegal II shall prov...

Apply now

Accounting Manager

USA-TX-El Paso

Key Duties & Responsibilities: “Hands on” management of the general ledger, accoun...

Apply now

Managing Attorney

USA-TX-El Paso

The ideal candidate will have the following traits: Sharp Organized Decision maker Flexi...

Apply now




Search Now

Litigation Associate Attorney

USA-CA-Los Angeles

Los Angeles office of a BCG Attorney Search Top Ranked Law Firm seeks a litigation associate attorne...

Apply Now

Corporate Transactional Partner

USA-CA-Los Angeles

Los Angeles office of a BCG Attorney Search Top Ranked Law Firm seeks a corporate transactional part...

Apply Now

Corporate Transactional Partner


Austin office of a BCG Attorney Search Top Ranked Law Firm seeks a corporate transactional partner w...

Apply Now


To Top