Firm Defeats ADA and FMLA Summary Judgment Motion Against Terminated Executive With Disability

Federal court denies summary judgment motion as to ADA discrimination and FMLA retaliation claims

January 2016.  The United States District Court for the District of Connecticut, Bolden, J., found that a jury could find a disabled long-term employee who was severely injured in an automobile accident was not properly accommodated after she returned to work, and was discriminated against under the Americans with Disabilities Act when her employer terminated her employment.  The court found that a jury could also find that the employer breached its obligations under the FMLA by retaliating against the injured employee who took intermittent leave to recuperate from her injuries. Scott Lucas, lead counsel on the matter, stated he was extremely pleased with the decision which cleared the way for a jury trial in which the employee would seek in excess of $1 million in economic and non-economic losses.