They Fired Him For Having A Seizure
How ADESA Missouri fired a sales rep 32 days after his medical emergency, invented performance complaints on the spot, and got caught by a federal appeals court.
Filed: August 25, 2023 • Eighth Circuit Court of Appeals • Anderson v. KAR Global / ADESA Missouri, LLCA VP at ADESA Missouri learned a salesman had a medical disability on November 26, 2019; by December 6, she had marked him for termination; and the performance complaints she used to justify it did not exist until after HR told her the firing could be a legal problem.
The Setup: A Good Employee, A Bad Seizure, And A Company That Changed Its Mind
Roby Anderson joined ADESA Missouri in February 2018 as an Outside Sales Representative. His job required him to travel about 3.5 days per week to hunt for new business in a region where ADESA had no sales presence at all. He was hired specifically because he was good at it.
When ADESA began merging with a sister company called TradeRev in 2019, Anderson’s supervisors told him directly that they saw him in a hunter role going forward. His general manager Kevin Rhoads said he envisioned Anderson as a hunter. The assistant general manager discussed an expanded hunter role with him. His new Regional Sales Director Lindsey Comer told him she thought he would like his new position. The future looked stable.
Then, on November 16, 2019, Anderson had a seizure. His doctor told him he could not drive for six months. He could still do everything else his job required. He came back to work two days later, told his supervisors what happened, and handed them documentation from his doctor. What happened next is the entire story.
They Built A Plan, Then Pulled The Rug
Anderson, his supervisors, and HR personnel worked together and developed an accommodation plan within days. The plan let him work in the office three days a week, with an Inside Sales Representative driving him to client appointments the other two days. It was working. Then, about one week later, Comer told him they could not continue with that plan.
Anderson proposed a backup option: his father-in-law would drive him to work appointments. ADESA never responded to this proposal. Not a rejection, not a conversation, not even a no. Just silence. Despite officially pulling the accommodation, ADESA kept using the original plan until the day they fired him.
“I sure hope not though.” — Lindsey Comer, Anderson’s supervisor, when Anderson texted her asking if his driving restriction was going to be a problem. Twenty-one days later, he was fired.
Timeline: From Seizure to Termination
Source: Eighth Circuit Court of Appeals, Anderson v. KAR Global / ADESA Missouri, LLC (Filed August 25, 2023)
The Non-Financial Ledger: What They Took From Him
Roby Anderson did not lose a job. He lost the thing that a job represents for most working people in this country: security, dignity, and the basic expectation that showing up, doing good work, and being honest with your employer will protect you. He was honest. He reported his seizure immediately. He showed up two days later. He handed his supervisors a doctor’s note that made clear he could do his job. He actively worked with his company to figure out a path forward. He did everything right, and they fired him for it.
The accommodation plan they built together was not some massive corporate burden. The plan involved Anderson working from the office three days a week and riding with a colleague to client appointments two days a week. That is it. That is the entire accommodation. Then, about one week after they built it together, Comer told him they could not continue. When he proposed having his own family member drive him, a solution that cost the company nothing, ADESA did not even bother to say no. They went silent. A person who just had a seizure, who is navigating a scary medical situation, and who is depending on his employer for income and stability, received silence in response to his attempt to keep his job.
Anderson’s supervisors initially “pushed hard” to accommodate him because “he was a high performer.” That fact came from ADESA’s own HR department. It is in the record. They knew he was good at his job. They fired him anyway.
The cruelty embedded in this situation is specific and deliberate. The VP who marked Anderson for termination, Hopkins, had never met him. She had no criticisms of his performance at the moment she decided he had to go. The court record is explicit: at the time Comer told Hopkins about Anderson’s disability and accommodation needs, Hopkins “had never met Anderson, she did not have any criticisms of his performance, and Anderson had not yet been identified for termination.” Ten days later, he was on the termination list. This is the sequence that a jury is now entitled to examine.
The performance complaints that ADESA used to justify firing Anderson materialized only after HR told Hopkins that terminating a disabled employee could be “an issue.” Anderson’s supervisors were not able to say when, exactly, they had taken those performance concerns into account. The court noted this directly. The complaints about Anderson’s relationship-building skills and his sales numbers relative to peers were not the reasons he was fired; they were the cover story assembled after the real reason became legally uncomfortable. The man had a seizure, asked for help getting to his appointments, and the company’s response was to construct a paper trail that would make his firing look like a business decision.
Legal Receipts: They Said The Quiet Part Out Loud
The court record in this case contains some of the most damning documented evidence of corporate cover-up behavior you will find in an employment discrimination filing. These are direct quotes and factual findings from the Eighth Circuit’s opinion.
“On December 6, Hopkins emailed HR Representative Marty Nowlin for advice about Anderson. In her first email, Hopkins mentioned only that Anderson had a ‘medical restriction where he cannot drive for 6 months’ and that he had been ‘identified’ for termination. Hopkins asked, ‘Will this be an issue?'”
— Eighth Circuit Court of Appeals, Anderson v. KAR Global / ADESA Missouri, LLC (August 25, 2023)“Nowlin replied that the termination would be ‘defendable based on the role change, the unreasonable nature of accommodation and his skill set.'”
— Eighth Circuit Court of Appeals, Anderson v. KAR Global / ADESA Missouri, LLC (August 25, 2023). Note: This is HR coaching a VP on how to make a disability-motivated termination look legal.“Only after she learned that it could be a problem did Hopkins respond with specific criticisms of his performance. . . . A reasonable jury could conclude that Hopkins looked into Anderson’s job performance only after she learned of his disability and accommodation request and had decided to terminate him.”
— Eighth Circuit Court of Appeals, Anderson v. KAR Global / ADESA Missouri, LLC (August 25, 2023)“Comer told Anderson that she ‘sure hope[d]’ his driving restriction would not be an issue.” — This was November 26, 2019. ADESA fired Anderson on December 18, 2019.
— Eighth Circuit Court of Appeals, Anderson v. KAR Global / ADESA Missouri, LLC (August 25, 2023)“An employer is prohibited from inventing a ‘post hoc rationalization for its actions at the rebuttal stage of the case.’ Therefore, unless the employer articulates a legitimate, nondiscriminatory reason for [terminating] the plaintiff that ‘actually motivated the decision, the reason is legally insufficient.'”
— Eighth Circuit Court of Appeals, citing E.E.O.C. v. Wal-Mart Stores, Inc. (2007), applied directly to ADESA’s conductSocietal Impact: This Is Not One Man’s Problem
Economic Inequality: Disabled Workers Are One Medical Event Away From Nothing
Anderson’s case is a precise illustration of how economic precarity works for disabled Americans. He was not fired because he could not do his job. The doctor’s note said he could perform all functions of his job. He was fired because the way he got to his appointments temporarily required a small logistical change. For a company the size of KAR Global, the cost of that accommodation was negligible. For Anderson, losing the job meant losing his income, his professional identity, and his legal right to a workplace free from discrimination.
The Americans with Disabilities Act exists specifically to prevent this. Congress passed it in 1990 because employers were routinely doing exactly what ADESA did here: treating disability as a liability and finding pretextual reasons to remove workers who became inconvenient. Thirty-plus years later, the behavior documented in this case shows that the playbook has not changed. The company identifies the person, asks HR how to make it “defendable,” and constructs the paper trail afterward.
For workers without the resources or knowledge to file a federal lawsuit, this dynamic ends the story right there. Anderson had the courage and the access to fight back through years of litigation. Most people do not. The workers who settle quietly, accept the severance, and disappear from the record are the majority. This case is a rare glimpse at the machinery that operates on all of them.
Public Health: What Happens When Employers Punish Workers For Getting Sick
Anderson suffered a seizure, a serious neurological event. He was told by his doctor that he could not drive for six months. This is a common medical outcome for people who experience seizure disorders, and it is a medically necessary restriction designed to protect both the patient and the public. The accommodation Anderson needed was directly tied to that clinical restriction, and his employer’s response was to make his continued employment contingent on ignoring it.
When companies signal, through cases like this one, that disclosing a medical condition and requesting an accommodation leads to termination, the public health consequence is real and measurable. Workers learn to hide their medical situations. They drive when doctors have told them not to, because losing the job is the alternative. They skip follow-up care. They work through conditions that require rest or modified duty. The chilling effect on disclosure that cases like Anderson’s create is a documented public health phenomenon, and it makes everyone less safe.
The Eighth Circuit’s decision to reverse the lower court and send this case to trial matters because it keeps the deterrent function of the ADA alive. If ADESA had won on summary judgment, the message to every employer in the circuit would have been clear: move fast enough, build the paper trail carefully enough, and you can fire a disabled employee without consequences. That message has consequences far beyond one man’s job.
The Cost Of Doing It This Way
The Evidence ADESA Could Not Explain Away
Qualitative visualization of evidentiary weight as analyzed by the Eighth Circuit. Source: Anderson v. KAR Global / ADESA Missouri (2023).
What Now: Name The Players, Know The Watchdogs
The Decision-Makers In This Case
- Lindsey Comer — Regional Sales Director, TradeRev / ADESA. Co-decision-maker on Anderson’s termination. Told Anderson she “sure hoped” his disability wouldn’t be a problem, then helped fire him.
- Hopkins (VP of Sales, TradeRev) — Primary decision-maker per the court’s analysis. Learned of Anderson’s disability November 26. Marked him for termination by December 6. Produced performance complaints only after HR flagged legal exposure.
- Kevin Rhoads — General Manager. Initially “pushed hard” to accommodate Anderson. His only input to Hopkins on Anderson: a text saying Anderson was a “good hunter.” Hopkins used that text to build the termination case.
- Marty Nowlin (HR Representative) — Told Hopkins the termination would be “defendable” after Hopkins asked if firing a man with a “medical restriction” would be “an issue.” The court found a jury could view this exchange as evidence of pretext construction.
- KAR Global — Parent company. ADESA Missouri operates as a KAR Global subsidiary. The restructuring that created the cover story for Anderson’s termination was a KAR Global corporate initiative.
Regulatory Bodies With Jurisdiction Over This Conduct
- EEOC (Equal Employment Opportunity Commission): Primary federal enforcement body for ADA violations. Workers can file charges at eeoc.gov before pursuing federal litigation.
- Department of Labor (DOL): Oversees workplace accommodation standards and employer compliance with federal disability law.
- State-Level Human Rights Commissions: Missouri’s Commission on Human Rights handles state-level disability discrimination complaints and often has shorter filing deadlines than the EEOC.
- Disability Rights Advocates and the National Disability Rights Network: Legal advocacy organizations that provide free support for workers who cannot afford private litigation.
The appeals court reversed the lower court’s decision and sent this case back for trial. Anderson gets his day in court. Most workers never get that far. The system depends on that asymmetry.
If you are a worker who has experienced disability discrimination or retaliation for requesting an accommodation, document everything in writing, keep copies outside company systems, and contact the EEOC within 180 days of the discriminatory act. Time limits are real and companies know them. Beyond the legal system: connect with local workers’ centers, disability justice coalitions, and union organizing efforts in your industry. Collective power is the only leverage that does not require a federal appeals court to work.
The source document for this investigation is attached below.
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