Hardee’s Diabetic Manager Gets Disability Bias Claims Revived

The owner of several Hardee’s restaurants in the Midwest must face trial on claims it discriminated against a diabetic store manager because of her disability, a divided Eighth Circuit ruled Monday.

A lower court was too quick to credit Westar Foods Inc.‘s explanation that the worker was terminated because she violated its rule requiring store managers to call their district manager immediately when they’re going to be late or miss a shift, the 2-1 court said. Under circuit precedent, an employer asserting a good-faith belief for a firing or other adverse job action must show the cited reason is ...