Gordon Rees Scully Mansukhani Partner Mallory Overman and Senior Counsel Jennifer Tatum secured summary judgment dismissing key employment discrimination and retaliation claims on behalf of their client, a full-service property management company.
An at-will employee filed an employment discrimination and retaliation lawsuit after he was discharged for cause. The court ruled in favor of GRSM’s client on the plaintiff’s claims under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., as amended by the ADA Amendments Act of 2008 (ADAAA), for discriminatory discharge and failure to accommodate, as well one of the employee’s state-law whistleblower retaliation claims, a meaningful win that sharply narrowed the employee’s remaining claims.
The court concluded that the mere existence of an employee’s medical condition does not automatically equate to a disability as defined by the ADA. A plaintiff must establish that a medical condition is a disability for purposes of ADA. The court also held that a state law whistleblower retaliation claim based on the same alleged wrongful conduct underlying an ADA claim must be dismissed when adequate alternative remedies are available under the ADA.
The dismissal highlights GRSM’s experience defending employers against complex claims of ADA discrimination and unlawful termination.
