THE MAGAZINE

Americans with Disabilities Act

A federal court has ruled that, because a company did not properly define an employee’s job, that employee may pursue a claim under the Americans with Disabilities Act (ADA). A night-shift dispatcher asked to be switched to a day shift because of his diabetes and hypertension. The company refused to switch the employee to the day shift and the employee sued. Because the job description did not specify that the night shift was essential to the job, the court allowed the lawsuit to proceed.

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Szarawara_v_County_of_Montgomery.pdf58.99 KB

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