Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

David Feldman v. Olincorporation, et al

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED APRIL 19, 2012-

Before EASTERBROOK, Chief Judge, and FLAUM and WOOD, Circuit Judges.

In May 2007, David Feldman was working as a tractor operator on the day shift at a manufacturing facility then owned by Olin Corporation. Because of Feldman’s medical problems with fibromyalgia and sleep apnea, his doctors had advised him to work regular day positions, without rotation and overtime. This was possible until Olin realigned its work force, causing Feldman’s position to change from one limited to daytime work to one that required rotation among day, evening, and night shifts. Although he tried to work under the new regime for a few weeks, Feldman found that his fatigue and pain made it impossible for him to do so. When he presented Olin with a medical restriction from the shift rotation, Olin promptly laid him off. It did not place him in a different position, because (it asserted) no other positions were available that did not require overtime or flextime. Over the course of the next several months, Olin continued to refuse to place Feldman in another spot, maintaining that either flex-time or overtime were essential functions for everything that was available. Finally, a straight-day position came open in December 2007; Feldman successfully bid for it. Since then, Feldman has continued working at the plant.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ASSOCIATE -- WILMINGTON, DE

McCarter & English, LLP is actively seeking a midlevel associate for its business litigation practice group in its Wilmington, Delaware ...


Apply Now ›
Chief Public Defender

The County of Dallas, founded in 1846, is the second most populous county in Texas with a vibrant and diverse population of nearly three mil...


Apply Now ›
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements