On April 13, 2015, the United States District Court for the Western District of Kentucky heard a case where the plaintiff was terminated for violated the company’s sexual harassment policy but the employee denied that violation and sued the defendant for ADA violation. (See Sharp, Jr. v. Best Buy Co., Inc., 2015 WL 1638302 (W.D. KY 2015)). The defendant filed a motion claiming ghtat the plaintiff failed prove that he has a disability. Id.
The plaintiff filed Pro Se which means that he did not have a Bowling Green Americans with Disabilities Act (“ADA”) Lawyer helping him with his case. You can be a Pro Se plaintiff in both State and Federal Courts.
Plaintiff was diagnosed with narcolepsy and cataplexy. Id. Plaintiff got a note from his doctor and when he asked for accommodations, the defendant did so, except on one scheduling mistake. Id. The plaintiff was accused of making some inappropriate sexual harassment things while at work. He did this over the course of a few months. On about five (5) separate incidents. After a thorough investigation, the defendant terminated the plaintiff.
That is when the Pro Se plaintiff filed his Bowling Green Americans with Disabilities Act (“ADA”) lawsuit. The defendant eventually filed a motion for summary judgment, which the Pro Se plaintiff did not respond to. Id.
A prima facie case of disability discrimination is made when the plaintiff shows that 1) he or she is disabled, 2) otherwise qualified for the position, with or without reasonable accommodation, 3) suffered an adverse employment decision, 4) the employer knew or had reason to know of the plaintiff’s disability, and 5) the disabled individual was replaced. Id.
To establish a disability, the plaintiff must prove that he has a “a physical or mental impairment that substantially limits one or more major life activities..” (cites omitted). The mere fact that the plaintiff has these maladies does not mean that he was substantially limited a major life activity. Id. The trial court and appellate court agree that the Pro Se plaintiff did not prove his prima facie case. Id.
Next the court looked at the case assuming that the Pro Se plaintiff did prove his case in chief. The defendant then has the burden of giving a true reason for the termination and something that is not pretextual. In the ADA discrimination case at hand, the defendant terminated the Pro Se plaintiff for violating the sexual harassment policy. The defendant could not offer any proof that such a termination was pretextual or motivated by violating the ADA.
If you have been the subject of a Bowling Green Americans with Disabilities Act (“ADA”) Lawyer case, please call and speak to a Bowling Green Americans with Disabilities Act (“ADA”) Lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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