Federal Court Clears Business in Firing Over Ebola Fear
The EEOC found "reasonable cause" to believe that Massage Envy-South Tampa fired Kimberly Lowe because it "regarded" her as disabled, which would be a violation of the Americans with Disabilities Act.
September 13, 2019 at 01:39 PM
3 minute read
A federal appeals court rejected arguments that a Tampa business violated the Americans with Disabilities Act when it fired a massage therapist because she would not cancel a trip to Ghana amid an Ebola epidemic in Africa.
Kimberly Lowe, who worked at a Massage Envy business in Tampa, planned in 2014 to visit her sister in Ghana. But she said one of the business owners told her she would be fired if she took the trip because he feared she would become infected with Ebola and bring the deadly disease back to Tampa.
Lowe refused to cancel the trip and lost her job. She then filed an employment-discrimination allegation with the Equal Employment Opportunity Commission, which pursued the case, according to Thursday's ruling by a panel of the 11th U.S. Circuit Court of Appeals.
The EEOC in 2016 found "reasonable cause" to believe the Massage Envy-South Tampa fired Lowe because it "regarded" her as disabled, which would be a violation of the Americans with Disabilities Act, the appeals court ruling said. Later, the EEOC filed a lawsuit against the business, alleging violations of the disabilities law.
But a federal district judge ruled in favor of the business, leading to the case going to the Atlanta-based appeals court. A three-judge panel issued a 30-page main ruling Thursday rejecting the EEOC's rationale for contending that the business had violated the disabilities law.
"There is no dispute that Lowe was a qualified individual and she suffered an adverse employment action," said the ruling, written by Judge Frank Hull and joined by judges Adalberto Jordan and Britt Grant. "Rather, the main question is whether Lowe was 'disabled' within the meaning of the ADA at the time of Massage Envy's termination of her employment, that is, before her trip to Ghana. Lowe undisputedly did not have an actual existing disability or a record of disability when she was fired. Thus, the issue here becomes solely whether she was 'regarded as having' a disability when fired."
Like the district judge, the appeals court said the claim did not meet the definition of a disability in the federal law.
"For several reasons, we must conclude that the disability definition in the ADA does not cover this case where an employer perceives a person to be presently healthy with only a potential to become ill and disabled in the future due to the voluntary conduct of overseas travel," the ruling said.
The court, however, noted that Ghana was not part of the Ebola outbreak in 2014 in West Africa. It said the epidemic was centered in Guinea, Sierra Leone and Liberia.
Jim Saunders reports for the News Service of Florida.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFla.'s Statute of Limitations and Statutes of Repose in Med Mal Cases: It's Not Over Until It's Over
6 minute readGC of Florida State Agency Steps Down After Threatening TV Stations That Aired Abortion-Rights Ad
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250