A Tennessee federal judge recently ruled that a termination notice referring to an employee’s “long-term disability” was direct evidence of discrimination and retaliation. The Court granted the employee judgment as a matter of law under the ADA.
The employee, Coffman, had been off work on an extended medical leave. She had exhausted her FMLA leave and remained off work due to restrictions. Coffman refused a job offer of a sedentary job. Notes from Coffman’s physician indicated that the refusal was unreasonable, but the employer did not obtain those notes until after it had fired Coffman. At the time, the Company accepted her refusal of the sedentary job and kept her on leave.
Continue Reading Termination Notice Referring to Disability Considered Direct Evidence of Discrimination