The company told the plaintiff he was being terminated because it “feared that he had contracted swine flu while in Mexico for his sister’s funeral.” For a time, swine flu had been declared a public health emergency and medical authorities feared the worst. We now know that the swine flu hospitality and mortality profile is very similar
regarded
It Depends on Your Definition of “Has”: Connecticut Appellate Court Rejects State Law “Perceived Disability” Claim.
By Jackson Lewis P.C. on
Posted in Uncategorized
The Connecticut law prohibiting discrimination against an individual who has a “physical disability” does not create a cause of action for discrimination by someone who does not have, but is perceived to have, a physical disability, according to the Connecticut Appellate Court. Desrosiers v. Diageo (Aug 14, 2012). The Court noted that the state law…
Swine Flu Snafu: ADA Claim Dismissed, Even if Plaintiff Had Swine Flu
By Jackson Lewis P.C. on
Posted in ADA
A plaintiff who thought she had the swine flu, and thought she had an ADA claim when she was terminated after four days of absence for the flu, had neither. Lewis v. Florida Default Law Group,P.L. (M.D. FL Sept. 15, 2011).
The plaintiff was diagnosed with “seasonal flu” but “understood” she was diagnosed with the H1NI…
Referring Mystic for Counseling Leads to ADA “Regarded As” Claim
By Jackson Lewis P.C. on
Posted in ADA
When an employee complains of harassment, the employer response is to investigate and take appropriate remedial action. In Kagawa v. First Hawaiian Bank/Bancwest Corp., the employer responded accordingly and is now a defendant in an ADA “regarded as” claim.
The plaintiff, a Senior Credit Analyst, alleged that she is a mystic, hears God’s voice…