Store manager allegedly referenced worker's epilepsy during theft interrogation before termination
A Home Depot employee says he was fired after requesting medical leave for epilepsy — and race played a role.
Robert Green, an African American sales associate at The Home Depot in Philadelphia, has filed a federal lawsuit accusing the retail giant of retaliating against him for seeking family and medical leave and of discriminating against him on the basis of race.
The suit, filed on February 13, 2026, in the US District Court for the Eastern District of Pennsylvania, paints a troubling picture of what can go wrong when medical leave requests collide with workplace investigations.
Green was hired by The Home Depot in approximately 2015 and worked at the company's Roosevelt Boulevard location in Philadelphia. He has epilepsy, a condition he says qualifies for protection under the Family and Medical Leave Act. In or around January 2023, he applied for intermittent FMLA leave, supported by a certification from his neurologist, Dr. Saman Zafar. He submitted his completed application on or about March 8, 2023, to the store manager, identified only as Paul.
What followed, according to the lawsuit, was a swift shift in how Green was treated at work. A department manager identified as Brandon allegedly began scrutinizing Green's performance and issuing disciplines for minor issues — treatment that Green says was not extended to a coworker who had not applied for FMLA leave.
Then, in or around the end of March 2023, Green was called into the office under the guise of a scheduling discussion. Instead, a loss prevention representative questioned him about an alleged theft of building materials, including drywall. Green denied any involvement or knowledge of the theft.
The store manager then entered the room and, according to the lawsuit, made a striking remark: "I know you have epilepsy, tell us about the theft," or words to that effect, while also referencing Green's request for intermittent FMLA leave. Green was subsequently terminated for allegedly being uncooperative with the investigation.
The lawsuit also alleges that the other employees investigated in connection with the theft were African American and Hispanic, raising questions about racial profiling in how the investigation was conducted. Notably, criminal proceedings tied to the matter were later dismissed.
Green is now seeking compensatory and punitive damages, lost wages, reinstatement, and the expungement of all negative records from his employment file. The case raises three claims: interference with FMLA rights, retaliation under the FMLA, and race discrimination under Section 1981 of the Civil Rights Act.
The Home Depot has not yet responded to the allegations, and the case has not been decided. For HR leaders overseeing large workforces, the lawsuit is a reminder that the timing and context of employment decisions made in proximity to a medical leave request can quickly become the centerpiece of a federal case.
