A federal appeals court has upheld a decision to reject disability bias claims filed by a sleepwalking worker who mistakenly climbed into a co-worker’s hotel room bed during an out-of-town trip. Jennifer Harkey began working for NextGen Healthcare in 2008 in a position called “implementation specialist.” Things went well for a decade, and she was […]
The Eleventh Circuit upheld a $300,000 award for a fired employee after a jury determined her termination amounted to disability discrimination in violation of the ADA. Due to injuries sustained in a car accident, Ashley Merard had a tracheostomy tube that was visible on the front of her neck. In July of 2017, she was […]
Be careful how you respond if an employee flunks a drug test. The Equal Employment Opportunity Commission (EEOC) just resolved a lawsuit it filed against an employer. It had accused the employer of responding to an employee’s two positive drug tests in a way that violated the Americans with Disabilities Act (ADA). The EEOC sued […]
Employees might have health conditions that meet the definition of “disability” under federal law – but that doesn’t mean a court’s going to buy it if they say “the disability made me do it” when they break the rules. And if they were fired for misconduct, courts tend to reject “the disability made me do […]
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