By Libby Rasmussen, JD
Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute their plan properly. This area is especially tricky for employers that serve people who are more susceptible to illness or infection.
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The Washington Court of Appeals, Division III, recently reversed a trial court’s decision to grant summary judgment (pretrial dismissal) to a health clinic that discharged a medical assistant because of a lingering wound on her abdomen.
There are four main takeaways from the court of appeals’ decision, and most of them center on assumptions that employers should not make.