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Labor & Employment – Disability Discrimination Claim – Unrelated Accident – Absenteeism – No Disability
North Carolina Lawyers Weekly Staff//December 1, 2010//
Labor & Employment – Disability Discrimination Claim – Unrelated Accident – Absenteeism – No Disability
North Carolina Lawyers Weekly Staff//December 1, 2010//
Douglas v. Ready Mixed Concrete Co. (Lawyers Weekly No. 10-02-1123, 10 pp.) (Terrence W. Boyle, J.) E.D.N.C.
Holding: Even though plaintiff suffered a back injury in a non-work-related accident, since he was able to continue working while he was being treated for the back injury, plaintiff was not disabled within the meaning of the Americans with Disabilities Act.
Summary judgment for the defendant-employer.
Even if plaintiff could show that he suffered from a “disability” for purposes of the ADA, he failed to show that any of the employer’s acts were taken because of his alleged disability. The employer fired plaintiff because of his absenteeism, which included numerous unexcused absences. In fact, plaintiff admitted, “My charge in this case has nothing to do with my disabilities.”
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