Lexology.com
Fox Rothschild LLP
Richard B. Cohen
USA
October 24 2011
It is now officially flu season. One may be unlucky enough to contract a simple seasonal flu (jnfluenza A), or really unlucky enough to contract a more serious flu such as the swine flu (from the H1N1 virus).
But is “the flu” a disabling condition under the ADA?
One federal court in Florida found that having the flu is not a disability. In Lewis v. Florida Default Law Group, the plaintiff employee was diagnosed with a seasonal flu but believed she had the H1N1 virus and so informed her employer. When she was terminated for excessive absences, she sued claiming that the real reason for her termination was that she had an “actual disability” and/or that she was regarded by her employer as having a disability.
Full Story: http://www.lexology.com/library/detail.aspx?g=f857878b-e02e-472f-83ef-ef102d3b4274&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Other+states+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-31&utm_term=
No comments:
Post a Comment