Food For Thought
The Third Circuit recently ruled that a food and beverage manufacturer will avoid trial on claims that it violated the ADA. Specifically, the employee was fired after he was arrested for allegedly driving drunk on a day on which he was using intermittent leave for supposed leg pain. Prior to his arrest, the employer provided him with all the leave he requested as a reasonable accommodation for his blood flow condition.
Following his surgery, the employee had been certified for intermittent leave under the FMLA every six months. Later, the court ruled that the employee failed to show he was denied a benefit to which he was entitled under the law, given his reinstatement and the approval of his FMLA leave. Thus, he lacked evidence that the company did not make a good-faith effort to accommodate him under the ADA.
Additionally, the court ruled that the employee, who was previously terminated and was later restored to the same position with the same benefits, failed with his FMLA interference claim. Lastly, the court held that a request for FMLA leave may double as a request for a reasonable accommodation under the ADA.
“Class aptent taciti sociosqu ad litora per conubia nostra, per inceptos himenaeos .Aenean non turpis vitae ligula tristique sagitt isras varius erat pulvinar eros pretium”