ILNews

Snoozing worker wins reversal on ADA claim against employer

Back to TopCommentsE-mailPrintBookmark and Share

An Indiana company violated the Americans with Disabilities Act when it fired an employee for falling asleep on the job after it learned the worker had a medical condition covered by the federal protection.

The 7th Circuit Court of Appeals reversed, in part, the summary judgment on the ADA claim in favor of the company, C&M Fine Pack  Inc., by the U.S. District Court of the Northern District of Indiana, Fort Wayne Division.

In Kimberly Spurling v. C&M Fine Pack, Inc., 13-1708, the 7th Circuit found, despite the company’s claim to the contrary, C&M fired Spurling after it had been notified that she had a medical disability that was interfering with her ability to do her work.   

Following several warnings and suspensions for sleeping at work, Spurling was given a final warning/suspension on April 15, 2010. Six days later, she gave the company the paperwork her physician had just filled out, indicating she had a disability covered under the ADA and that more medical testing was needed.

On April 28, C&M fired Spurling. About a month later she received a definitive diagnosis for narcolepsy that, in her case, was manageable with medication.

The District Court ruled that C&M terminated Spurling on April 15, before it knew of her disability.

The 7th Circuit reversed because, although C&M traded emails about firing Spurling on April 15, the company did not clearly communicate its intentions to her and it did not inform her of the decision to terminate prior to April 28.

Moreover, C&M received the doctor’s note on April 21 but did not talk to Spurling to find out whether a reasonable accommodation could be made for her disability. C&M did not contact her doctor to determine the severity of Spurling’s claim or how to adapt her work to her condition.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  2. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  4. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  5. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

ADVERTISEMENT