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Employer-Employee: Retaliatory Discharge-Request For Accommodation-Protected Activity
Staff Report//November 28, 2018
Employer-Employee: Retaliatory Discharge-Request For Accommodation-Protected Activity
Staff Report//November 28, 2018
Where a university employer challenged a jury verdict in favor of a medical -research scientist finding the university liable for retaliatory discharge after the scientist was fired following her repeated requests for work restrictions as accommodations for back pain, the appellate court finds that requesting an accommodation for a disability is a protected activity that gives rise to a retaliation claim under the Missouri Human Rights Act, but the verdict director for the retaliation claim was erroneous because it omitted an essential element of the claim.
Judgment is reversed and remanded.
Lin v. Ellis (MLW No. 72312/Case No. ED105886 – 26 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.) Appealed from circuit court, St. Louis City, McGraugh, J. (Mark J. Bremer, James R. Layton and D. Leo Human for appellant) (Matthew J. Ghio and Jonathan C. Berns for respondent).
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