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Tag Archives: disability discrimination

Employment Law: Disability Discrimination Long-Term Disability Benefits Judicial Estoppel

Plaintiff and his former employer cross-appealed the jury verdict awarding plaintiff damages in his disability-discrimination and wrongful-termination claim. Plaintiff was diagnosed with chronic muscular dystrophy; believing he was being discriminated against due to his disability, plaintiff ultimately applied for and ...

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Employment Law: Disability Discrimination-Failure To Accommodate-“Qualified Individual”

Where a maintenance mechanic brought a failure-to-accommodate claim under the Americans with Disabilities Act and Iowa  law against his former employer, the grant of summary judgment for the defendant is affirmed because even if the plaintiff was disabled, he was ...

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Civil Rights: IDEA-Disability Discrimination-Exhaustion of Administrative Remedies

When plaintiff entered kindergarten, his parents sought a section 504 plan under which plaintiff would be placed in regular classroom instruction and could use a tablet to compensate for speech and motor delays. Plaintiff’s parents rejected the school district’s alternative ...

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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: Disability Discrimination- Corrections Officer- Ability to Perform Essential Job Functions

Plaintiff was a 56-year-old woman employed as a corrections officer. Plaintiff was injured during inmate encounters and required surgery. Plaintiff requested transfer to the DMV to accommodate her permanent injuries, but defendant terminated her employment because she could not resume ...

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Employer-Employee: Disability Discrimination- Arbitration Agreement- Consideration

Defendants appealed the denial of their motion to compel arbitration. Defendants sought to arbitrate plaintiff’s disability-discrimination claim pursuant to an employment agreement. The trial court ruled the arbitration provision in the agreement unenforceable because plaintiff’s at-will employment was not valid ...

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