Daily Labor Report®

No Bias in Firing Town Worker for Plowing McDonald’s Drive-Thru

Nov. 8, 2019, 8:53 PM

A Northampton Township, Pa., parks department employee terminated after clearing snow from a McDonald’s drive-thru lane with a town plow can’t prove disability or leave bias really motivated his firing, the Eastern District of Pennsylvania ruled.

Robert Mullen had returned to work following knee surgery at least two-and-one-half months prior to his termination, the court said. That time gap was too long, without other evidence, to establish a causal connection between his period of disability and medical leave and his discharge, the court said Nov. 7.

He argued bias could be inferred from the township’s lack of a formal policy...

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