It is one thing to experience a retaliatory termination under The 1964 Civil Rights Act, and quite another to prove it. The recent decision of Mohammed v. Cent. Driving Mini Storage, Inc., 128 F. Supp. 932 (D. Va. 2015) provides some good pointers.
In EEOC v. McLeod, the federal Fourth Circuit Court of Appeals reversed the dismissal below and held that a 28-year veteran employee with long-term medical concerns stated a claim of disability discrimination ripe for trial when she fell at work and suddenly was subject to medical-testing. She had been performing her job with the same condition for decades. By way of testing, she was declared unfit and fired. No. 17-2335 (4th Cir. Jan. 31, 2019) (scheduled for publication). Here, a veteran corporate newsletter writer suffered from a bone-related disability since birth. It made her balance and strength in her lower body,…
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