9th Circuit Reinstates Disability Bias Suit Tossed Due To Employee Being Tardy

Mealey's ( October 22, 2019, 1:04 PM EDT) -- SAN FRANCISCO — The reason for an employee’s termination, repeated tardiness, could be found by a reasonable fact-finder to be caused by a disability that the employer both knew of and was on notice that an accommodation was needed, a Ninth Circuit U.S. Court of Appeals panel ruled on Oct. 17, reinstating the employee’s disability discrimination lawsuit (Jennifer Kindschi v. Federal Express Corporation, No. 17-16740, 9th Cir., 2019 U.S. App. LEXIS 30938)....