Another Disability Discrimination Decision in Our Favor, Williams v. Baltimore City Community College (“BCCC”), 1:12-cv-00238-GLR
On behalf of Morris E. Fischer, LLC posted in Disability on October 6, 2014
The United States District Court for the District of Maryland Denied Defendant’s Motion for Summary Judgment on September 23, 2014, granting a Jury Trial. During her employment with BCCC, Ms. Diane Williams Plaintiff suffered from an eye disorder called Keratoconus, which causes a distortion in the shape of the eye. The condition required both surgery and a cornea transplant. Ms. Williams requested FMLA leave in order to have eye surgery, as well as to recover, and FMLA leave was granted by BCCC. After initially granting leave to Ms. Williams, BCCC informed Ms. Williams she would have to return to work earlier than expected or be terminated. BCCC dated a letter Ms. Williams was unable to return to work on this date, and was terminated by BCCC.
Notwithstanding Ms. Williams’ own doctor assurances that she could return to work and perform the essential functions of her job, the BCCC doctor, following a slip-shod examination, stated she couldn’t. On October 28, 2008, Defendant sent a letter to Plaintiff stating that if she did not return to work on October 31, she would be terminated. Plaintiff did not receive this letter until November 3, 2008. Even the postmark on the envelope indicates that the letter wasn’t even mailed until October 30, 2008. A jury trial will be sent by the Court.
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