Split 8th Cir. Partly Revives Fired Diabetic Worker’s Claims (1)

A divided en banc federal appeals court in Minneapolis overturned part of a previous ruling that a jury must determine what role a former Hardee’s restaurant manager’s diabetic episode played in the company’s decision to terminate her.

The full US Court of Appeals for the Eighth Circuit ruled Friday that Westar Foods Inc., which owns several Hardee’s restaurants in the Midwest, must face trial on claims that it illegally interfered with Tonya Huber’s rights under the Family and Medical Leave Act when it fired her, but the majority affirmed summary judgment for the company on Huber’s retaliation and disability bias ...