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Dismissed diabetics can apply for ADA



A federal appeals court on Friday overturned a lower court ruling, ruling that a temporary worker who was fired six days after suffering a diabetes attack could pursue her case of disability discrimination.

Houston-based Apache Industrial Services Inc. hired Arlicia Gosby in March 2018 to work as a position assistant at an Exxon Mobil Corp. plant in Beaumont, Texas, according to the ruling of the 5th U.S. Court of Appeals in New Orleans in Arlicia Gosby v. Apache Industrial Services, Inc.

Gosby revealed that she suffers from diabetes, a condition covered by the Americans with Disabilities Act, but her doctor approved her for work, the verdict said.

On April 26, she suffered a diabetes attack at work and was taken to the doctor̵

7;s tent for treatment. Six days later, she was fired along with 11 other employees in power reduction.

Gosby sued Apache in the U.S. District Court in Beaumont, accusing him of violating the ADA. The court granted Apache a summary judgment dismissing the case, and set it aside by a unanimous three-judge appeals court panel.

The judgment of the Court of Appeal stated that it did not agree with the district court’s conclusion that Gosby had not established a prima facie cases of discrimination because she had not shown a causal link between her disability and dismissal.

“The proximity to her diabetes episode at work and her dismissal was enough to make one prima facie case that she was included in the group that was to be dismissed due to ADA-violating reasons “, it was stated in the judgment.

The Appeals Panel also disagreed with the lower court as to whether Gosby had shown a pretext for his dismissal. The inconsistent explanations offered by the company for inclusion in the dismissals, “and the absence of clear criteria”, are evidence that tends to show that Apache’s statement was false or “unworthy of credibility”, the verdict said, in an earlier case, turning to intelligence and referral of the goal for further processing.

Lawyers in the case did not respond to requests for comment.


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