Employment & Labor Law
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Carruthers v. BSA Advertising, Inc.
17 Fla. L. Weekly Fed. C180 (11th Cir. January 21, 2004)
Plaintiff art director, who was terminated following a diagnosis of bilateral hand strain/sprain, sued her employer under the Americans with Disabilities Act (ADA). Plaintiff filed a motion for leave to amend her complaint maintaining that during the course of mediation, she discovered that she had a cause of action for retaliatory discharge on the theory that her termination was based, at least in part, on her decision to seek workers' compensation benefits. The district court denied her motion and granted the employer's motion for judgment as a matter of law. Carruthers appealed. The Court of Appeals affirmed. The court held that the employee had to show that her condition rose to the level of a disability and that the employer perceived her as having a disability that substantially limited the major life activity of working. The Court found that the employer did not violate the ADA's prohibition against discrimination based on the perception of disability, since there was no evidence that the employer regarded the plaintiff
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