A worker who reset retail displays in grocery stores may be able to prove she was fired because of her bad back, not for performance reasons, without having to present an expert medical witness, the Tenth Circuit ruled Nov. 8.
Such evidence isn’t always required to prevail under the “actual” disability prong of the Americans with Disabilities Act’s employment bias provisions, the court said, clarifying circuit precedent. Not all medical conditions are outside the comprehension of the typical juror, and expert proof is only needed when the alleged disability involves a rare or non-obvious impairment the jury might not otherwise...
To read the full article log in. To learn more about a subscription click here.