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Michael A. GiarratanoBlog Posts

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Second Circuit: Migraines Insufficient to Support a Disability Under the ADA

The Second Circuit recently held that an employer did not violate the Americans with Disabilities Act when it refused to transfer, and then terminated, an employee because of his inability to perform his job due to migraines caused by the stress of his job.  Woolf v. Strada. In this case, Plaintiff began to suffer migraines...… Continue Reading
February 19, 2020

Fired University Tennis Director Accused of Sexual Misconduct of Student-Athlete Allowed to Pursue his Gender Discrimination claims against the University

The obligations of educational institutions were elevated even higher in a recent ruling by the Second Circuit Court of Appeals, which held “When universities design and implement polices to ensure the security of their students, they facilitate their sacred mission of educating the next generation.  But when they distort and deviate from those policies, fearfully...… Continue Reading
August 28, 2019

Older Employee Let Go in Reduction in Force Can Proceed to Trial on ADEA Claim

An employer’s retention of a younger, less-qualified employee instead of the older, more experienced employee, who was terminated during the Company’s reduction in force, can give rise to liability under the Age Discrimination in Employment Act (“ADEA”), according to a recent decision by the United States District Court for the Southern District of Texas. Harrison...… Continue Reading
May 16, 2019

Employer’s Misleading Statements Allow FMLA Claim to Survive Motion to Dismiss

The U.S. District Court in Wisconsin recently held in Reif v. Assisted Living by Hillcrest LLC d/b/a Brillion West Haven, that misleading statements by an employer regarding the Family and Medical Leave Act (“FMLA”) can give rise to an FMLA interference claim, even before an employee is eligible for leave. In January 2018, the Plaintiff...… Continue Reading
December 21, 2018

Employer’s FMLA Policy and Legitimate Business Reason Lead to Early Dismissal of Employee’s Claim

In Everson v. SCI Tennessee Funeral Services, LLC., the federal court granted summary judgment dismissing Plaintiff’s FMLA claims because the worker  failed to follow Defendant’s FMLA notice requirements when requesting leave.  As discussed below, Plaintiff’s ADA claim also was dismissed. In this lawsuit,  Plaintiff alleged, among other things, that Defendant retaliated against him for requesting FMLA...… Continue Reading
May 29, 2018

Listing Essential Function in Job Description Essential to Defeat ADA Claim

The Eleventh Circuit Court of Appeals recently vacated the lower court’s grant of summary judgment that dismissed a disability discrimination claim brought by a female police detective.  Years earlier, the detective suffered a “small heart attack” that the Police Department felt presented a significant risk if she suffered a Taser shock.  As part of the Taser...… Continue Reading
January 3, 2018