Getting fired because of disability-related misconduct is sufficient evidence that the firing was “because of” disability, but whether or not the firing is upheld depends first on whether it is related to alcohol or drugs, and second, how serious it is. It can be helpful to be able to show that others got lesser discipline […]
Archives for April 2017
Can I be Discriminated Against because a family member has a disability?
As recently explained in Stansberry v. Air Wisconsin Air Lines Corp., 651 F.3d 482 (6th Cir. 2011), the rarely litigated association discrimination claim under the ADA has developed a split in the circuits between Den Hartog v. Wasatch Acad., 129 F.3d 1076 (10th Cir. 1997), and Larimer v. Int’l Bus. Machs. Corp., 370 F.3d 698 […]
An Employer’s 100{1508826ff2bfc81a391a87a57612c7318eaacc582c76c53840f0d6a8d7bf64de} Healed Policy is a Violation of The Florida Civil Rights Act
So, you get hurt at work or outside of work, your doctor has said you can return to work but you have certain physical restrictions. Your employer says, “sorry, but you have to be 100{1508826ff2bfc81a391a87a57612c7318eaacc582c76c53840f0d6a8d7bf64de} healed before you can come back to work.” WHAT CAN YOU DO? A “100{1508826ff2bfc81a391a87a57612c7318eaacc582c76c53840f0d6a8d7bf64de} healed” policy is a per se […]