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Rehab employees' disability allowance has been reintroduced



A federal appeals court overturned a lower court on Monday and reintroduced a disability discrimination charge filed on behalf of a rehabilitation facility's former laundry worker suffering from an anxiety disorder. had worked as a laundry assistant at West Meade Place LLP for six months when an ongoing situation with her co-workers triggered bloating of her illness, according to a Monday ruling by the 6th U.S. District Court in Cincinnati Equal Employment Opportunity Commission v. West Meade Place, LLP.

As a result, Kean asked his employer for leave under the Family Medical Leave Act. A supporting certificate from her doctor said that her prognosis indicated that she would be out of work due to her condition for one to three days a month, three to four times a year, according to the decision.

West Meade's Chief of Staff informed Mrs Kean that she did not qualify for FMLA leave based on length of employment and that in any case leave would be unpaid.

Ms. Kean, who could not go unpaid, immediately asked to return to work, but the nurse director would not let her return without a note from her doctor stating that she was medically fit to return. Ms Kean was terminated two days later and a note in her case said it was due to her inability to perform her duties. when it ended her. The U.S. District Court in Nashville granted a summary judgment in favor of the Center and the conclusion that no reasonable jury could find that Kean had met any of the statutory definitions of disability under the ADA. the court panel.

"The key issue in this case" is whether the Director of Nursing considered Kean to be disabled. "There is several pieces of evidence," suggesting this was the case, including the director's awareness that Kean had an anxiety disorder, the judges said. must at this time the record indicates that (the director) was not only aware that Kean had a deterioration that intermittently affected her ability to perform her job, but also that it was related to stress, "the decision said.

next question, said the verdict is if Kean was terminated due to her perceived disability. Since there are real disputes about essential facts in and because the district court failed to see the evidence in a light that was most favorable to Kean, we conclude that the award of a summary judgment to West Meade was inappropriate, case for further negotiation. [1

9659003TheEEOChadnocommentandWestMeade'slawyersdidnotrespondtoarequestforcomment

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