• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

No ADA violation: Company unknowingly terminated worker for health-related absences

Annie Lee
By: Annie Lee
  • Share on

About the Author

Show Less
Last Updated: June 9, 2020
1 minute engagement

The ADA protects employees from disability-related termination, but what happens if the person never mentioned they had a disability?

Here’s what the 2nd Circuit had to say about that question.

No prior notice

Jesse Longway worked at Myers Industries when he began missing work to receive treatments for his pancreaitis. He told his supervisor the treatments were just for a “one-time injury” that would have no effect on his ability to work.

But his repeated absences proved otherwise, so the company terminated him. Longway sued for discrimination under the ADA, failure to accommodate and retaliation. He argued that even if he never informed anyone of his condition, his “perceived disability” still played a part in his termination.

Based on Longway’s conversations with his supervisor, however, the court found no one could have reasonably linked his absences to a disability. Longway even chose not to fill out a short-term disability form his supervisor provided.

This highlights how employers aren’t responsible for accommodating unknown medical conditions – some of the burden of establishing a disability falls to the employee.

Cite: Longway v. Myers Industries, 5/26/20.

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

EBOOK, White Papers

The Prevention Mandate: An Employer’s Framework for a Healthier Workforce

Provided by Personify Health

White Papers

The Sweet Taste of Fresh-Pressed HR and Payroll

Provided by Paycom

Webinars

Support Your D&I Initiatives with Virtual Hiring Events

Webinars

Improve Your Candidate Experience and Win Over Top Talent

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
Driver Misclassification Settlement Includes $2.2M for Back Wages

New Jersey has reached an employee misclassification settlement with STG Logistics over allegations that the company and its predecessor mi...

  • Employment Law
‘I Just Need 1 Hour’: Employer Denies Small Ask, Pays Big

A federal appeals court upheld a jury verdict against an employer that denied an employee permission to move her start time back by one hou...

  • Employment Law
Court Warns: Lax TPA Oversight Can Trigger FMLA Liability

When employers outsource Family and Medical Leave Act (FMLA) administration to a third-party administrator (TPA), compliance responsibility...

  • Employment Law
OSHA: Dollar General to Improve Workplace Safety, Pay $12M

Dollar General, a nationwide discount retailer, has agreed to make comprehensive workplace safety improvements in its stores nationwide and...

  • Employment Law
Evolving Cannabis Laws: 3 Common Mistakes Companies Should Avoid

Regardless of how companies or managers may feel about the topic, cannabis (including recreational and medical marijuana, and any product c...

  • Benefits
  • Employment Law
Record-breaking Military Leave Deal: Southwest Agrees to Pay $18.5M

Most HR teams already pay for jury duty. Many pay for bereavement leave. Some pay for short-term sick leave without much debate. Courts ...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.