Tenth Circuit: Trainer Truck Driver Required to Disclose HIV Status to Potential Trainees Before Being Allowed to Train not Discriminatory

In EEOC v. C.R. England, Inc., the 10th Circuit Court of Appeals affirmed the dismissal of a case brought by an HIV-positive truck driver.  The truck driver, who had been hired to train new truck drivers for C.R. England, Inc., disclosed his HIV-positive status to C.R. England.  After doing so, C.R. England prepared a form that […]

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Tenth Circuit: Not Unreasonable to Send Employee Home to Establish Ability to Continue Working When Employer is Ignorant of Disease Disclosed by Employee

In Fryer v. Coil Tubing Services, the Tenth Circuit Court of Appeals affirmed a trial court’s decision dismissing an employee’s Americans with Disabilities Act (ADA) claim. In this case, the employee disclosed to his employer that he suffered from Hepatitis C. The human resource manager he discussed the disease with admitted she was unaware of […]

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Tenth Circuit: Nurse who Resigned on Advice of Supervisor did not Have claim for Discrimination

In Chaplin v. Park Hospital District, Inc., the Tenth Circuit Court of Appeals ruled that a nurse who resigned her position in reliance upon her supervisor’s statement that she would likely become the new Unit Coordinator could not bring claims for disability discrimination and FMLA violations because the record established that being placed in that […]

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What Are the Implications of the enactment of the ADA Amendments Acts?

The ADA Amendments Act of 2008 was promulgated in reaction to a line of Supreme Court cases that had substantially narrowed the class of individuals covered by the the Americans with Disabilities Act. In fact, the findings and purposes found in section 2 of the Act make specific mention of the cases to be abrogated […]

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