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Summary Judgment Proper in Disability Discrimination Action Where Employee’s Inability to Perform Essential Functions Caused the Employer Hardship

In the case of Coco v. Beyesly’s Restaurant, 2021-Ohio-4201, the Fifth District Court of Appeals held that summary judgment in favor of an employer in an employee’s disability discrimination action.

Here, the employee alleged that the employer discriminated against the employee after replacing the employee when the employee’s health condition prevented them from working when scheduled. The employer filed a motion for summary judgment, which the trial court granted.

The Court of Appeals reasoned that since the employee was unable to perform essential functions of the employee’s job, including attendance requirements, the employer faced hardships. As such, the Court of Appeals found that there was no basis for the employee disability discrimination cause of action.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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