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Tag Archives: disability discrimination

Battle over award of costs to defendant deemed ‘premature’

Missouri Court of Appeals Western District, located in Kansas City. Photo by Scott Lauck.

A plaintiff whose discrimination claim has been sent to arbitration no longer owes court costs to the defendants, following a ruling from the Court of Appeals Western District. Hal Miller filed a lawsuit in 2018 claiming disability discrimination and harassment, ...

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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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