Here is an important ADA case from our neighbor to the north. It illuminates a “sleeper cell” claim that is being awakened. In an Aug. 7 opinion, the court granted the employer’s motion that the plaintiff did not have a disability at the time of termination but denied it on whether the plaintiff had a record of a disability at the time of termination.
The court sketched it out in EEOC v. Midwest Regional Center (W.D. Okla. 2014). Employee is diagnosed with skin cancer. She undergoes radiation treatment. Her doctor’s note to the company mentions these facts. The cancer goes away, and she makes no plans for follow-up visits. She is later terminated, allegedly for absence issues. The EEOC asks for summary judgment on whether she was a person with a disability. Motion denied with the court buying the argument that she no longer had skin cancer on the date of her termination. But the court grants summary judgment to the EEOC, finding that she was, as a matter of law, a person with a record of a disability, another way of establishing liability.
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