WESTBROOK – The U.S. Equal Employment Opportunity Commission is suing Kohl’s Department Stores Inc. in federal court, charging that the company ignored the needs of a diabetic employee at its Westbrook location on Main Street.

In the suit, which the commission filed in U.S. District Court on behalf of former employee Pamela Manning, argued that the Wisconsin-based retail giant violated the Americans with Disabilities Act, and called the store’s actions “unlawful employment practices.”

According to the lawsuit, Manning, an area resident, suffers from Type I diabetes, “which requires at least five daily injections of insulin that must be timed to match her meals and activity.”

Manning began working at Kohl’s in October 2006, and became a full-time associate in January 2010.

“After Manning became a full-time associate, (the store) no longer provided her a regular schedule. In the absence of a regular set schedule, Manning began to experience complications with her diabetes that placed her health in serious jeopardy,” the case read.

In March 2010, according to the lawsuit, Manning requested a steadier work schedule, and the store manager denied the request, even after Manning provided a letter from her doctor indicating her diabetes had gotten worse since January 2010.

“(Kohl’s) refused to accommodate Manning’s request and again scheduled her at times that presented unacceptable risks to her health. When Manning told (Kohl’s) that the hours (the store) was scheduling her for could kill her, its store manager laughed and told Manning that she would not accommodate her,” the lawsuit reads. “Upon being denied the accommodation, Manning was constructively discharged.”

Markus L. Penzel, a trial attorney for the commission’s Boston area office, which covers Maine, said this week that the commission first learned of Manning’s situation when she contacted the commission after Kohl’s fired her.

“She filed a charge of discrimination with us,” Penzel said.

Penzel said the commission filed the lawsuit after trying and failing to resolve the issue with the company outside of court.

“(Kohl’s) did not settle,” he said.

According to the court docket, Kohl’s has until Oct. 24 to file a response to the claim, which was filed Aug. 23. As of Tuesday afternoon, the store had not filed a response. This week, a Kohl’s spokeswoman declined to address any of the issues cited by the commission.

“We do not comment on pending litigation,” said Vicki Shamion, vice president of public relations and community relations for Kohl’s.

In the suit, the commission did not specify a dollar figure for damages, but demanded back pay, possible reinstatement, and compensation for Manning’s pain and suffering. In addition, the commission is also demanding that Kohl’s demonstrate that it provides opportunities for people with disabilities.

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