QUESTION

1.   Susan Farmer was fired from Covenant Transport, Inc. after she told her supervisor that she could not work on a certain Friday because of obligations to her daughter with cerebral palsy.  Farmer contends that the company violated the ADA because it refused to accommodate her request to have time off to attend to the meeting with the team of medical professionals responsible for her daughter’s care.  Farmer also contends that her termination violated the Family Medical Leave Act.

 

a. Did Covenant violate the ADA in terminating Farmer? Why or why not?

b. Did Covenant violate the FMLA in terminating Farmer? Why or why not?

 

2.  After four years of employment, Pietr Schierhoff, a 56 year old, slightly overweight man, was terminated by Glaxo Smith Klein (GSK) for violation of its absenteeism policy.  Schierhoff was absent 76 days in 2021 and 83 days in 2022. Schierhoff does not dispute that he was frequently absent but claimed that he was discriminated against on the basis of his age and his disability. Schierhoff cited as evidence the statement made by his supervisor that he “was old, fat, and lazy.”

 

a. Did GSK discriminate against Schierhoff in violation of the ADEA? Why or why not?

b. Did GSK discriminate against Schierhoff in violation of the ADA? Why or why not?

Public Answer

LBYGNM The First Answerer