Hardee’s Disability Bias Lawsuit to Get Full Appeals Court Look

Aug. 23, 2024, 4:10 PM UTC

The owner of several Hardee’s restaurants in the Midwest convinced the full Eighth Circuit to take a new look at what role a former store manager’s diabetes played in her firing.

A divided appellate panel revived the worker’s disability bias and medical leave-related claims last month. Westar Foods Inc. argued that the majority used the wrong legal standard in reversing the district judge’s summary judgment ruling, and the US Court of Appeals for the Eighth Circuit granted the company’s request for en banc rehearing and scheduled a redo for Oct. 24.

  • The panel majority wrongly ruled Westar had to show ...

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