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Employment Law

Employer-Employee: Disability Discrimination-Qualified to Perform Essential Function of Job-ADA Qualified Individual

Plaintiff appealed the district court’s grant of summary judgment to defendant, plaintiff’s employer, dismissing plaintiff’s employment-discrimination action under the Americans with Disabilities Act. Where plaintiff failed to show she was qualified to perform the essential functions of her job, with ...

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Employer-Employee: Disability Discrimination-Attendance Policy-Failure to Submit Medical Verification

Plaintiff was diagnosed with an incurable lung disease that required periodic absences to attend medical appointments and deal with condition flare-ups. After plaintiff accumulated multiple unexcused absences, she was placed on “last notice”. After plaintiff called out during a flare-up, ...

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Employer-Employee: Age and Race Discrimination-Promissory Estoppel-Striking of Statement of Material Disputed Facts

Plaintiff, a 56-year-old African American male, was injured while performing deliveries for defendant. Plaintiff returned to work on an hours-restriction but was laid off as part of operational cutbacks. Plaintiff alleged he was promised that his job would be available ...

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Employer-Employee: Retaliatory Discharge-Request For Accommodation-Protected Activity

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 ...

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