HR Tip: ADA: Beware of risks of litigation from deceased former employee’s estate

A recent decision by the 8th U.S. Circuit Court of Appeal puts employers on notice that ADA claims may survive an employee’s death. In Guenther v. Griffin Construction Co., an employee who requested a three-week leave of absence to undergo radiation for treatment of cancer was terminated and advised he could apply for open positions in the future.

He filed a charge of disability discrimination with the Equal Employment Opportunity Commission (EEOC) and died while the charge was pending. The estate filed a disability discrimination lawsuit under the ADA and Arkansas state law. Since the ADA does not address the situation, the lower courts relied on Arkansas state law that the claims would not survive the death. However, the Court of Appeals disagreed siding with the establishment of a uniform federal law that allows for ADA claims to proceed after the death of the plaintiff.

For Cutting-Edge Strategies on Managing Risks and slashing Insurance Costs visit www.StopBeingFrustrated.com

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s