Trial date set for fired driver’s lawsuit against AU

A trial date has been set for a wrongful termination lawsuit brought forth by a driver of former American University President Benjamin Ladner, court records show.

Reginald Green says he was fired because he asked to take a bathroom break.

According to a memo given to Green after he was hired, Ladner wanted to “minimize bathroom stops on long trips … one is acceptable — zero is preferable.”

Green was let go a day after he told Ladner he had to use the restroom on a return trip from Philadelphia on Dec. 2, 2004. Green says he made the university aware of medical conditions that necessitated frequent access to a restroom. He was diagnosed with post-traumatic stress disorder while serving in the Army in the 1980s. The suit claims that Green’s firing violated the Americans With Disabilities Act and the D.C. Human Rights Act.

The trial is scheduled for Jan. 12, 2010, according to U.S. District Judge Reggie Walton’s final pretrial order. Walton recently denied American University’s motion for a summary judgment to dismiss Green’s ADA and DCHRA claims, including the wrongful termination claims.

American University lawyers could not be reached for comment Thursday.

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