DISABILITY DISCRIMINATION / FAILURE TO ACCOMMODATE

Settled a case where a phlebotomist got hurt while assisting a person who felt ill during a blood draw and fell on her. Plaintiff had various injuries and took time off from work with physical restrictions placed on her but later returned to work and was able to do work assisted in part by help from co-workers. In her workers’ comp case, she was rated with a permanent disability but could still do her work. Defendant’s regional manager learned of the rating and then terminated Plaintiff, stating they couldn’t accommodate her. There were several different medical reports: one doctor said she could do unrestricted work, another doctor said lifting restrictions were permanent. Defendant claimed the termination was valid because the last doctor report imposed permanent restrictions preventing Plaintiff from doing the essential functions of her job. Each party disputed whether Plaintiff looked for other jobs available at the Company within her restrictions as well as whether Defendant had jobs available.

Resolved a case in which the Plaintiff claimed his termination was the result of his re-injuring himself and suffering pain after the Company failed to properly accommodate his disability. The Company contended it did provide accommodations to Plaintiff and his termination was because he walked off the job and clocked out without advising any of his supervisors in violation of Company rules. Plaintiff’s labor union initially filed a grievance protesting Plaintiff’s termination but then decided not to pursue the matter to arbitration.

Resolved a case in which Plaintiff was terminated for taking extended and unauthorized breaks. Plaintiff contended he needed additional rest and bathroom breaks because of a chronic urinary tract illness and that his supervisors failed to accommodate him. The employer argued that Plaintiff had never put the Company on notice of any kind of disability, let alone produced medical documentation. The Plaintiff also contended that his Union failed to properly represent him in the disciplinary process.

Resolved a case in which Plaintiff was a truck driver who developed tinnitus. Because of DOT safety regulations, he was placed off work until he could receive appropriate medical clearance that he could drive. After an extended leave, his medical doctor indicated he could drive up to 10 hours a day and on days he felt better, more than 10. The Company sent him to its own doctor for a fitness for duty exam. Plaintiff’s Union filed a grievance per the collective bargaining agreement that Plaintiff should be reinstated with full pay, based on the one doctor’s opinion. The Company contended that it needed to follow its normal safety protocol until Plaintiff passed all fitness for duty tests. Plaintiff ultimately filed a civil lawsuit for discrimination and failure to accommodate.