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Daugherty v. Sajar Plastics, Inc., No. 05-02787 (6th Circ. Oct. 16, 2008)

Articles Discussing Case:

Successful “Regarded As Disabled” Claim Requires Exclusion From A Broad Range Of Jobs.

Ogletree Deakins • November 03, 2008
In a case that addresses the ADA’s “regarded as disabled” provision, the 6th U.S. Circuit Court of Appeals found that an employer’s failure to rehire an individual after layoff, based on the employee’s opiate-based prescription medication, did not violate the ADA. However, in an example of the overlap between the ADA and the FMLA, the court allowed the employee’s FMLA retaliation claim to go forward to trial, based upon a manager’s statements related to the same employee’s medical leave.