Denying a nursing home’s motion for summary judgment, a federal court in Tennessee has allowed a nurse who suffered from impaired vision to proceed with her age and disability discrimination claims and a claim for retaliation. Harris v. MatureCare of Standifer Place, LLC d/b/a The Health Center at Standifer Place, C.A. No. 1:14-CV-64 (E.D.
disability
Inability to Perform Essential Job Functions after FMLA Leave Sinks LPN’s Disability Discrimination, FMLA Claims
A senior living facility lawfully terminated an LPN when, following knee replacement surgery and the expiration of her FMLA leave, she could no longer perform the essential functions of her job, a federal district court has found.
Continue Reading Inability to Perform Essential Job Functions after FMLA Leave Sinks LPN’s Disability Discrimination, FMLA Claims
Pre-Suit ADA Requirements Not Satisfied by Nurse’s Assistant’s Initial EEOC Charge, Intake Questionnaire, or Amended Charge
By Jackson Lewis P.C. on
Posted in Disability & Leave Management
A certified nurse’s assistant cannot pursue a disability discrimination claim under the Americans with Disabilities Act because she failed to exhaust her administrative remedies, the U.S. District Court for the Eastern District of Tennessee ruled in Davenport v. Asbury Inc., No. 3:12-CV-00445 (E.D. Tenn. Mar. 29, 2013).
Under the ADA, a claimant must file a…