In a 2001 decision by the 8th Circuit, the Court considered an employee's claim of disability discrimination against the U.S. Postal Service under the Rehabilitation Act of 1973, which has similar standards of liability as those set forth in the Americans with Disabilities Act (ADA). The employee was a letter carrier who became argumentative and threatening to co-workers. After the employee's psychologist warned the Postal Service of the potential of the employee to "go postal" the employee admitted the threatening behavior and applied for a disability retirement. Apparently before receiving approval for the disability retirement, the employee informed his employer of his intent to not return to work, and the employer terminated him for abandoning his job and threatening co-workers.
After filing a claim for disability discrimination with the EEOC, claiming in part a refusal to re-hire, the employee underwent a fitness for duty examination, as ordered by the EEOC. The examination confirmed the employee was not presently fit to return to work. Subsequently, the federal court examined the issues and found that the employer offered non-pretextual reasons for discharge (the threatening behavior), and the fitness for duty exam did not support a return to work. The Court focused on the motivation of the employer in its decisions, and did not find the Postal Service motivated by discriminatory reasons. Therefore, the employee's claims were denied.
Hanft Fride''s business and trial lawyers are located at 1000 U.S. Bank Place, in Duluth Minnesota. Visit our website at www.hanftlaw.com. In addition to general information on the firm and our attorneys, you can find past issues of this newsletter. Keep checking back for new information, and let us know if there is anything you would like to see added to the site that would help you and your organization.
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The Employer E-Letter: Labor and Employment Law News from the Duluth, Minnesota law firm of Hanft Fride, A Professional Association.
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Copyright 2003 by Hanft Fride, P.A. All rights reserved. Hanft Fride, A Professional Association, 1000 U.S. Bank Place, 130 W. Superior Street, Duluth, MN 55802. Phone 218.722.4766; fax 218.529.2401.
