Bloomberg Law
Oct. 16, 2023, 8:20 PM UTC

Broadcaster Fails to Get Worker’s Disability Bias Claim Tossed

Jennifer Bennett
Reporter

Midway Broadcasting Corp. failed to show that its pandemic-related government loans don’t count as federal financial assistance, a US judge said, denying its bid for dismissal of a worker’s Rehabilitation Act claim.

The privately-held broadcasting company argued that it shouldn’t have to face a suit under the act—which prohibits disability-based discrimination—because it doesn’t receive federal financial assistance.

But Midway’s “sole argument for dismissal” is founded on new facts in an affidavit the US District Court for the Northern District of Illinois said it isn’t allowed to consider.

The Chicago-based company had been sued by Arthur D. Sims, a nightly radio ...

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