September 24, 2019 / 8:35 PM / a month ago

2nd Circuit revives ADA claim by worker fired over daughter's medical condition

A U.S. appeals court on Tuesday revived claims that a septic tank cleaning company violated the Americans with Disabilities Act (ADA) by firing an employee because his supervisors believed he would be distracted by his infant daughter’s severe neurological disorder.

A unanimous three-judge panel of the 2nd U.S. Circuit Court of Appeals said a federal judge in New York should not have dismissed the lawsuit against Fred A. Cook Jr Inc because it was unclear whether plaintiff John Kelleher was still able to perform all of his job duties.

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