In April of 2013, the United States District Court for the Eastern District of Kentucky heard a case involving Kentucky ADA retaliation in Kentucky. (See Lehman v. St. Elizabeth Healthcare, 2013 WL 1345369 (E.D. Ky. 2013)). In this ADA retaliation case, the plaintiff was born in 1954 and began working for the defendant since 1976 in the security department. From 1985 to 2010 he was a security supervisor. He was terminated in 2010. Plaintiff in this Kentucky ADA retaliation case was diagnosed with diabetes in 2004 and in 2008 with severe sleep apnea. Kentucky ADA retaliation lawyer Andrew Alitowski has handled many cases just like this.
Plaintiff while at work was seen sleeping on the job. He admitted to such but thought it was because of his diabetes. Id. He was given a Level III discipline. Plaintiff thought to hire a Kentucky ADA retaliation case because he thought his problems stemmed from his diabetes. But, plaintiff was still fired because of him sleeping.
“The ADA prohibits discrimination by covered entities against a qualified individual on the basis of disability in regard to terms and conditions of employment, including discharge.” (cites omitted). Proving an ADA case goes under the same type of back and forth as does a race or pregnancy discrimination case. The burden shifting is the same if it is a circumstantial case. And to survive a motion for summary judgment the plaintiff must adduce evidence from which a reasonable jury could conclude that plaintiff’s disability was a “but for” cause of the adverse employment action. Id. A Kentucky ADA retaliation lawyer would have to review the entire case to see if it had merit or not.
In this Kentucky ADA retaliation case, the court found that the plaintiff did meet his burden in establishing an ADA retaliation case. But, the court found that the defendant was able to proffer a legitimate reason for plaintiff’s termination to which plaintiff could not rebut.
The plaintiff also tried to argue “failure to accommodate”. But, plaintiff must show as part of a prima facie case that he requested an accommodation. But, by plaintiff’s own admission, he never made such a request. “The employer is not required to speculate as to the extent of the employee’s need or desire for an accommodation.” (cites omitted). A good Kentucky ADA retaliation lawyer would know this and be able to tell a client if a failure to accommodate situation was available to the plaintiff.
Plaintiff also tried to argue ‘age discrimination.’ To establish a prima facie case of age discrimination plaintiff must show that “1) he was over 40 years old, 2) he suffered an adverse employment action, 3) he was qualified for the position, and 4) h3e was replaced by a substantially younger person or treated differently than a similarly-situated younger person.” (cites omitted).
In this case, plaintiff was replaced by an older person and the younger person who he compared himself to was not similarly situated as a matter of law. Accordingly, the plaintiff’s Kentucky ADA retaliation lawsuit was dismissed along with all other counts.
If you have been the subject of a Kentucky ADA retaliation matter, please call and speak to a Kentucky ADA retaliation lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (275-2637) or contact us. We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!