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Ex-employees' bias suits under ADA, FMLA upheld.(Americans with Disabilities Act, Family and Medical Leave Act)(Brief Article)
Business Insurance, December, 2001 by Greenwald, Judy
ATLANTA-Two federal appellate court decisions show that employers must take care to comply with employment laws even when it comes to former employees. In Johnson vs. Kmart, a three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta ruled a former employee can sue his employer under provisions of the Americans with Disabilities Act.
Similarly, in Smith vs. BellSouth, another 11th Circuit panel decided an ex-employee could sue his former employer under the Family and Medical Leave Act. Both decisions reverse lower courts' dismissals of the suits. ``Both cases illustrate the principle that employers may be stuck with employment-related claims long after a person leaves their employment,'' said Richard D. Tuschman, an attorney with Baker &...
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