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WESTBROOK – Kohl’s Department Stores Inc. is denying allegations in federal court this week that the company ignored the needs of a diabetic employee at its Westbrook location on Main Street.

“Any action taken by (Kohl’s) with respect to [Pamela]Manning was based upon legitimate, nondiscriminatory business reasons unrelated to Manning’s alleged disability or any other unlawful basis,” the company’s attorneys wrote in a legal response to the allegations, filed by the U.S. Equal Employment Opportunity Commission in U.S. District Court in August.

“Manning, a former employee of the company’s Westbrook store, filed a complaint with the commission after being fired, according to Markus L. Penzel, a trial attorney for the commission’s Boston area office, which covers Maine. Penzel said the commission filed the lawsuit after trying and failing to resolve the issue with Kohl’s outside of court.

According to the commission’s initial complaint against the Wisconsin-based retail giant, Manning, who has Type 1 diabetes, suffered from what the commission called “unlawful employment practices” by Kohl’s, which the commission argued is in violation of the Americans With Disabilities Act.

Manning, the commission said, could not get a set schedule while working full time at the store, which meant she could not take regular daily injections of insulin to control her condition.

“In the absence of a regular set schedule, Manning began to experience complications with her diabetes that placed her health in serious jeopardy,” the initial case read.

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In its response, filed on Oct. 24, Kohl’s “admits that in January of 2010, Manning’s work schedule changed when her job duties changed,” but the company indicated it “lacks knowledge or information sufficient to form a belief as to the truth of (the commission’s) allegations regarding Manning’s diabetes and, therefore, denies the same.”

The commission further argued that Kohl’s didn’t accommodate Manning even after she provided a note from her doctor indicating Manning’s diabetes had worsened since January 2010.

In its response, Kohl’s admitted to getting the doctor’s note, but denied the commission’s allegations that the company did nothing to help Manning, saying the company “makes good faith efforts to accommodate the scheduling needs of its employees, including Manning.”

Kohl’s also denied that Manning was reasonable in demanding a more accommodating schedule, and argued that the company was not being malicious toward Manning in any way.

“There was no disparate treatment of Manning and, therefore, no claim of discrimination can be asserted or proven,” the statement read.

The denial filed in court on Oct. 24 is the only available response by Kohl’s to the allegations. When asked for a comment, Vicki Shamion, vice president of public relations and community relations for Kohl’s, said via email, “We do not comment on pending litigation.”

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