Ever feel like navigating your job can be confusing, especially if you have a disability? If you think you’re being treated unfairly at work, you’re not alone. The recent case of Huber v. Westar Foods, Inc., No. 23-1087, 2024 WL 3244337 (8th Cir. July 1, 2024), sheds light on what employers must do to accommodate their employees. Let’s dive into this case to see how it might apply to you.
In December 2019, Tonya Huber experienced a diabetic episode that caused her to miss work. A few days later, her employer, Westar Foods, Inc., fired her. Huber then filed a wrongful termination lawsuit alleging disability discrimination under Americans with Disabilities Act (“ADA”). She also claimed interference with and retaliation for exercising her rights under the Family and Medical Leave Act (“FMLA“). Initially, the United States District Court for the District of Nebraska sided with Westar Foods, but Huber appealed. The Eighth Circuit Court of Appeals reversed the decision and sent the case back for further proceedings. Let’s look at why.
Can my employer fire me for not following company policy if I have a disability?
The ADA provides strong protections for employees with disabilities. Under the ADA, employers must provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship. In Huber’s case, she argued that her employer’s reason for firing her was “unworthy of credence” and “has no basis in fact.” In response to the charge of wrongful termination, Westar Foods claimed it terminated her for violating the company’s call-in policy. The Eighth Circuit held that “the relevant inquiry is whether the [employer] believed [the employee] was guilty of the conduct justifying discharge.” If an employer’s belief about policy violations is wrong, it doesn’t automatically prove discrimination. However, the Court noted that whether Huber’s diabetic episode prevented her from complying with the call-in policy and whether her termination was genuinely for policy violations or discrimination were questions for a jury. Finding genuine issues of material fact is crucial because it means that a jury must decide these disputed facts – not the court, which can be key to determining whether an employer acted legally.
Best Disability Discrimination Lawyer Blogs on Point:
- Another Winning Verdict For A Spitz Client
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What if my employer didn’t believe I was too sick to work?
The ADA requires that employers act in good faith when making employment decisions. In Huber v. Westar Foods, the District Court had accepted Westar’s “good-faith belief” that Huber violated the call-in policy. However, the Eighth Circuit clarified that this belief must be “sufficiently independent” from the disability itself. The Court explained that “if an employer honestly believes that an employee is terminated for misconduct, but it turns out later that the employer was mistaken about whether the employee violated a workplace rule, the employer cannot be liable for discrimination.” This means that if your employer didn’t believe you were too sick to work but you have medical evidence proving otherwise, a jury might side with you. The importance of finding genuine issues of material fact here ensures that the jury can evaluate the employer’s belief versus the employee’s condition and determine if discrimination occurred.
Best ADA Attorney Blogs on Point:
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Does my boss have to help me with my disability at work?
Absolutely. Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities. In Huber’s case, she asked for help storing her insulin and for time to eat during her shift, but her requests were either ignored or dismissed with comments like “That’s a [you] problem” and “Get better at time management.” The Eighth Circuit found that “failing to provide an employee with reasonable accommodations can tend to prove that the employer also acted adversely against the employee because of the individual’s disability.” This means if your employer isn’t helping you with necessary accommodations for your disability, they could be violating the law. Again, finding genuine issues of material fact here is essential because it allows a jury to determine whether the employer’s actions were discriminatory.
Best Work Accommodation Law Firm Blogs on Point:
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Can my employer fire me if I ask for FMLA leave?
No, the FMLA protects employees who need to take leave for serious health conditions. It requires employers to provide 12 weeks of unpaid leave and prohibits them from retaliating against employees for exercising their FMLA rights. Huber’s case highlighted this issue. The Eighth Circuit noted that “an employer is prohibited from interfering with, restraining, or denying an employee’s exercise of or attempted exercise of any right contained in the FMLA.” Huber had requested FMLA paperwork, but her employer fired her shortly afterward, citing her failure to follow the call-in policy. The Court found that there were genuine issues of fact about whether Westar Foods interfered with Huber’s FMLA rights and whether her termination was retaliatory. Finding these issues of fact is crucial because it means that a jury must determine if the employer’s actions were lawful or if they were retaliating against Huber for asserting her FMLA rights.
Best FMLA Lawyer Blogs on Point:
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Applying the Law to the Facts
Tonya Huber’s story is a classic example of what can go wrong when employers don’t accommodate their employees’ disabilities. Huber, a dedicated store manager with over fifteen years in the fast-food industry, found herself struggling to manage her diabetes at work. Despite her repeated requests for reasonable accommodations, such as a suitable place to store her insulin and time to eat during her shifts, her pleas were dismissed or ignored.
When Huber experienced a severe diabetic episode, she couldn’t call her employer due to her condition. Westar Foods’ strict attendance policy required her to call in, but due to her medical emergency, she was unable to do so. Her employer didn’t believe her explanation, leading to her termination. The Eighth Circuit found that whether Huber’s diabetic episode caused her to miss work and whether her termination was genuinely due to policy violation or discrimination were issues that needed to be decided by a jury.
The Court of Appeals highlighted that if an employer acts based on a good faith belief about policy violations, they might not be liable for discrimination. However, if the policy violation is directly tied to the disability, as in Huber’s case, it becomes a question of fact for a jury to decide.
Tonya Huber’s case against Westar Foods is a powerful reminder of the protections provided to employees under employment law, especially when it comes to disability discrimination and FMLA rights. If you’re facing similar issues at work, remember that employers must provide reasonable accommodations for disabilities and cannot retaliate against you for requesting FMLA leave.
Disclaimer
This employment discrimination blog provides general information about employment law and should not be taken as legal advice. Every situation is different, and only a qualified employment lawyer can give you advice specific to your circumstances. No promises or guarantees are being made. This blog is a legal advertisement. If you believe you’ve been a victim of disability discrimination or your FMLA rights have been violated, contact an attorney to discuss your case.