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Owens v. Calhoun County School District, 5th Cir., No. 12-60897, October 8, 2013

Articles Discussing Case:

Employer Faces ADA/FMLA Conundrum And Wins Summary Judgment

Ogletree Deakins • November 04, 2013
In an unpublished opinion issued on October 8, 2013, Owens v. Calhoun County School District, No. 12-60897, the Fifth Circuit Court of Appeals recently upheld a district court’s grant of summary judgment in favor of an employer on a claim brought under the Americans with Disabilities Act (ADA). The interesting—and somewhat unexpected—basis for the decision was that the employer fired the employee because she had failed to return in a timely matter from a medical leave that she had taken under the Family and Medical Leave Act (FMLA).

Employee's failure to return from FMLA leave in a timely manner supports summary judgment for employer under the ADA.

Ogletree Deakins • October 21, 2013
In an unpublished opinion issued on October 8, 2013, the 5th U.S. Circuit Court of Appeals upheld summary judgment in favor of an employer on a claim under the Americans with Disabilities Act (ADA). The interesting – and somewhat unexpected – basis of the decision was the fact that the plaintiff/employee’s termination was based upon her failure to return from a medical leave under the Family and Medical Leave Act (FMLA) in a timely manner. Owens v. Calhoun County School District, 5th Cir., No. 12-60897, October 8, 2013.