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Temp to perm — ADA case turns on severity of employee’s injury


SKU: ELBnd122. Category: .


Abstract: After injuring her knee, a drugstore employee accepted an offer to return as a store manager — but with the understanding that she had some physical limitations. When her doctor decided that they were permanent, she was fired because she could "no longer perform the essential functions" of her job. She sued, alleging discrimination in violation of the Americans with Disabilities Act (ADA). The First Circuit examined whether these functions were indeed essential, and, if so, whether she could perform them with or without a reasonable accommodation. The Court decided against her, but a sidebar to this article discusses a case with a different outcome. Citation: Jones v. Walgreen Co., No. 11-1917, May 10, 2012 (1st Cir.); Valle-Arce v. Puerto Rico Ports Authority, No. 10-1102, July 8, 2011 (1st Cir.)

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