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
swine
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…