The Employment Brief

Is an employee’s temporary gastrointestinal distress as a result of his failure to take prescribed medication properly a covered disability?  Not under California’s Fair Employment and Housing Act (FEHA), according to a recent decision out of California State court.  Smith v. Space Exploration Technologies Corp., No. B289189 (Cal. App. 2d 11/1/19). Smith worked for Space Exploration Technologies Corporation (SpaceX) as a Development...

The Sixth Circuit, headquartered in Cincinnati, has affirmed a decision that the termination of an employee with cancer following his return from FMLA leave was not a pretext for discrimination.  Williams v. Graphic Packaging International, Inc.  The employee in question, an upper level supervisor, was apparently mismanaging and intimidating his employees, which only came to light to his boss when the supervisor was out on FMLA leave. Normally,...

“Being regarded as having” a disability is covered by the ADA.  “Being regarded as will be having” a disability is awkward to say -- and not covered by the ADA.  This is the conclusion at which the Seventh Circuit recently arrived in Shell v. Burlington Northern Santa Fe Railway Co., No. 19-1030 (7th Cir. 10/29/19). Shell worked for Corwith Rail Yard when Burlington Northern Santa Fe (BNSF) took over operations in 2010.  BNSF...