Sample-Irac

In: Historical Events

Submitted By tamelas
Words 463
Pages 2
Rocky v. Columbia Lawnwood Regional Medical Center, 54 F. Supp. 2d 1159 (S.D. Fla. 1999).
Facts:
Plaintiff, a hospital employee with a disabled son, was fired for excessive tardiness, absenteeism, and other performance-related reasons. The employee alleged her absence from work was to care for her disabled son, and that she was fired in violation of the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). On motion for summary judgment, the district court found in favor of the employer.
Issues:
1. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the FMLA.
2. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the associational disability provisions of the ADA.
Holding:
1. The employee was not terminated because she had a disabled family member, but rather because she was unable to regularly and reliably attend work.
2. Employers are not required to make reasonable accommodations for the family member of a disabled person under the ADA . Thus, the individual claiming protection of the ADA must be able to perform the essential functions of the position without the need for the employer to make reasonable accommodations.
Analysis:
1. Even if employee can meet prima facie case under FMLA, employer has a legitimate, non-discriminatory reason for termination: Employee's position required her to regularly be present in the emergency service department, and she had received five formal written notices that she…...

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