Bottler sued over firing of diabetic man: EEOC alleges Kalil ID'd condition via illegal medical exam.

Byline: Jack Gillum

Oct. 2--Tucson-based Kalil Bottling Co. fired an employee because he had diabetes, the U.S. Equal Employment Opportunity Commission charged in a federal lawsuit announced Monday.

But Kalil's president said the worker was terminated from his delivery job because he couldn't pass a medical test that the company requires to bolster driver safety.

The suit, filed Sept. 27 in U.S. District Court in Tucson, alleges that Flagstaff employee Gerald Nez, who was hired as a driver for the company in 2004, was terminated because he failed a medical exam that revealed he had diabetes.

The exam is required for commercial drivers by …