An employee who suffers from fibromyalgia and degenerative disc and cervical disease worked as a Pulaski County

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An employee who suffers from fibromyalgia and degenerative disc and cervical disease worked as a Pulaski County juvenile detention officer from November 24, 2001, to May 21, 2013. Beginning in 2008, employee obtained an annual Family Medical Leave Act certification from her doctor, allowing her to exercise unpaid intermittent leave. By February 2013, her conditions had deteriorated to the point that her doctor placed restrictions on her FMLA certification, which included “no sitting, standing, bending, and stooping for extended periods” and no lifting of more than 25 pounds. One of the requirements listed in the job description for the position of juvenile detention officer is the ability to lift and carry up to 40 pounds. The county eventually decided to terminate her employment because she could not meet the job requirement of lifting 40 pounds. In its termination letter, the county told employee her employment was valuable and encouraged her to reapply if a change in circumstances allowed her to return to work. Does the employee have a claim under the ADA?

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Employment Law for Business

ISBN: 978-1259722332

9th edition

Authors: Dawn D. Bennett Alexander, Laura P. Hartman

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