Jottings By An Employer's Lawyer

Tuesday, November 04, 2003

6th Cir. Spends Little Time In Allowing Both KY Teacher Disability Pension and ADA Claim

Jumping quickly to the position that where the contention is that the employee could have continued in her position if the employer made a reasonable accommodation, which it didn't, the 6th Cir. not only came out differently on the issue of whether an ADA claim was barred because of a claim under the KY disability pension statute than the 3rd Circuit did a month ago in dealing with a similar question, (see earlier Jottings post) but also took a whole lot less time in doing so. Justice v. Pike County Bd of Education (6th Cir. 11/4/03) [pdf].


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