A former Illinois packing company employee who was fired after repeatedly falling asleep on the job raised triable disability discrimination claims under the Americans with Disabilities Act, the U.S. Court of Appeals for the Seventh Circuit held Jan. 13, partly reviving his case (Spurling v. C&M Fine Pack, Inc., 2014 BL 8439, 7th Cir., 13-1708, 1/13/14).
The appeals court decided a lower court erred in finding that C&M Fine Pack Inc. didn’t have notice at the time it terminated her that Kimberly Spurling had a medical condition that was covered by the ADA.
The lower court mistakenly ...
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