Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Baker v. AVI Food Systems Inc.

Overtime Was Essential Job Function Office Manager Could No Longer Perform

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER

*1 The plaintiff, Barbara D. Baker, brought this suit under the Family and Medical Leave Act of 1993, 29 U.S.C. Section 2611 (“FMLA”); the Americans with Disabilities Act, 42 U.S.C. Section 12101 (2008) (“ADA”); Title VII of the Civil Rights Act, 42 U.S.C. Section 2000-e (1964) (“Title VII”); and the New York State Human Rights Law, N.Y. Exec. Law Section 290 (“HRL”), alleging employment discrimination. Docket Item 36. Specifically, she claims that the defendant, AVI Food Systems, Inc. (“AVI”), unlawfully terminated her employment following a leave of absence due to a disability. Id. AVI contends that it fulfilled its FMLA obligation by providing the leave of absence and that it was not required to reinstate Baker’s employment both because Baker could not perform the essential functions of her job and because Baker did not qualify for statutory protection. Docket Item 51-1.The Court (Hon. Richard J. Arcara) referred this case to Magistrate Judge Jeremiah J. McCarthy for all matters pursuant to 28 U.S.C. Section 636(b)(1)(A), (B), and (C). Docket Item 6. At the conclusion of discovery, Docket Item 48, the defendant moved for summary judgment, Docket Item 51. The parties briefed the motion, Docket

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
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs