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Snoozing worker wins reversal on ADA claim against employer

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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.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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