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Article: Ex-employees' bias suits under ADA, FMLA upheld.(Americans with Disabilities Act, Family and Medical Leave Act)(Brief Article)
- Article from:
- Business Insurance
- Article date:
- December 17, 2001
- Author:
CopyrightCOPYRIGHT 2001 Crain Communications, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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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 ...