George Charles Clark v. Inco Champion National Security, Incorporated
Securities
What is the standard under the ADA applicable to firing an employee for conduct caused by a disability?
QUESTIONS PRESENTED FOR REVIEW Mr. Clark was a diabetic employed as a personnel manager by Champion. He complained in writing of discrimination based upon his condition during his employment (related to grooming issues). Subsequently, management admittedly looked for reasons to get rid of him. One early morning he was found unconscious at his desk from a diabetic emergency. When he regained consciousness, he told his supervisor he had a medical emergency and went to the emergency room for treatment. While at the emergency room, his supervisor called him and fired him for not being awake on the job. His claims were dismissed on summary judgment which was confirmed on appeal. 1. What is the standard under the ADA applicable to firing an employee for conduct caused by a disability? 2. Is it a reasonable accommodation to modify a workplace “alertness” policy when recessitated by an individual’s disability-related limitation, absent undue hardship? 3. Is being fired for losing consciousness due to a physical reaction to diabetes “direct” evidence of discrimination? 4, What is the standard for summary judgment evidence of “but for” causation in a retaliation claim? i