¶ … decision -- federal or state court -- where an employer was found NOT GUILTY of violating one of our chief laws (EEO, ADA, EPA, ADEA, etc. - -).
Give us the case citation, briefly summarize the case and explain why the employer was found not to have violated an employment discrimination law.
In Linda Tatom v. Res-Care, Inc., No. 14-6125 (10th Cir., Jan. 24, 2015), the teacher Linda Tatom was an at-will employee of the Guthrie Job Corps Center (GJCC). After being involved in an altercation with a male trainee, she was allowed to go home for the day. Tatom refused to return to GJCC until the trainee was removed. She filled out a report but GJCC stated that her report on the incident did not indicate if the offense was a Level I or (lesser) Level II infraction and the employee was not removed (EmployerLinc, 2015).
Tatom was ultimately replaced by two instructors, ages 53 and 56 because she refused to return to work (EmployerLinc, 2015). Tatom brought a suit against GJCC alleging age discrimination. However, Tatom was age 56 and although she did prove that she was a member of a protected class, the court ruled that the evidence did not support that her termination was due to her age. GJCC said that she was terminated after failing to report to work for eight days and...
Looking at the claims of John Doe and the possible defenses by ABC Science as an attorney, I would recommend that the company reach some type of settlement with Mr. Doe allowing him to retain a position within the company. His claim under the ADA appears to be very strong and supported by the facts. An adverse decision could be damaging to the company, not only financially, but also from
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