Monday, April 8, 2013
(Diaz v. Saucon Valley Manor Inc., E.D. Pa., No. 5:12-cv-00433, 3/5/13), is an interesting decision.
An alcoholic cook who was fired after being arrested for public drunkenness and ordered to enter a treatment program raised a disputed fact issue as to whether her termination was discriminatory by showing that she received an “excellent” performance review six weeks earlier and that her employer knew of her alcoholism and approved her request for related medical leave and did not fire another worker following an arrest. Thus, summary judgment for the employer on her claims under the Americans with Disabilities Act Amendments Act, Section 504 of the Rehabilitation Act, and state law was denied.
Mitchell H. Rubinstein