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Nov 2014

Jack Coakley secured the dismissal of a handicap discrimination claim filed with the United States Equal Employment Opportunity Commission.  The Complainant alleged that her hours were cut and she was ultimately terminated after seeking time off to obtain treatment for a medical condition.  Jack Coakley, defending the employer, argued that the Complainant had not established that she was disabled at any time.  The Complainant’s alleged medical conditions consisted largely of garden variety bouts with the cold and flu, hangovers and general complaints of feeling ill.  Jack Coakley argued that such transient and non-disabling conditions do not trigger the protections of the anti-discrimination laws.   Jack Coakley also presented evidence that the employer had, in fact, accommodated all of the Complainant’s requests for time off to obtain medical treatment or because she felt unwell.  Using company payroll records, Jack Coakley was also able to establish that the Complainant’s hours were not cut and, in fact, steadily increased during her last six months of employment.  Finally, Jack Coakley presented evidence that the plaintiff abandoned her job after speaking disrespectfully to her supervisor, which was a violation of a written company policy and would have warranted termination.  After thoroughly investigating the allegations, the EEOC dismissed the Complainant’s claim of discrimination.


Additional News & Notes

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