The justices arguing to reverse the Superior Court’s decision said such verdicts should be overturned only “in the most egregious of cases when the trial court has committed reversible error.”
The justice’s arguing to uphold the reversal of the verdict said there was some question about the trial judge’s impartiality, pointing to that judge’s “protracted we-the-consumer discourse spanning six pages of the opinion,” in which he appeared to step beyond his “judicial role and align himself personally with the interests of insurance consumers.”
In yet another legal matter that could provide a lesson for all employers, an auto recycler is being sued by the U.S. Equal Employment Opportunity Commission (EEOC), which says the company violated federal law by denying an employee’s requests for reasonable accommodations---and then fired her---while she was undergoing chemotherapy for cancer.
According to the EEOC’s lawsuit, the employee immediately notified the owner of K&L Auto Crushers in Tyler, TX, when she was diagnosed, and told the company the estimated length of her chemotherapy treatment. Shortly after starting chemotherapy, the owner told the employee, who was K&L’s comptroller, the company had secured temporary help and that she should stay home until she was finished with her chemotherapy.
The comptroller asked the owner if she could work from home, and later requested a modified work schedule, while she was undergoing chemotherapy, but K&L denied both requests. K&L fired her, but did not tell her she had been terminated until she finished chemotherapy.
Such alleged conduct violates the Americans with Disabilities Act (ADA.) The EEOC, which filed suit after first attempting to reach a settlement with K&L, seeks back pay and compensatory and punitive damages, as well as an order barring K&L from engaging in discriminatory treatment in the future.
“This comptroller was a hardworking, loyal employee who sought multiple avenues to continue working during her illness and chemotherapy treatment,” said Meaghan Kuelbs, senior trial attorney with the EEOC. “Employers should fairly consider an employee’s accommodation request and deny an accommodation only if it would create an undue hardship.”
John Yoswick