Family and Medical Leave Act: Gambini v. Total Renal Care
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What was the court's ruling on Gambini v. Total Renal Care?
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This solution lists the Overview, Procedural Posture, and Outcome of all three Gambini v. Total Renal Care trials.
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Gambini v. Total Renal Care, 486 F.3d 1087 (2007).
LexisNexis CASE SUMMARY
PROCEDURAL POSTURE: Plaintiff employee sued defendant employer alleging disability discrimination. An appeal was taken from the judgment of the United States District Court for the Western District of Washington. The employer filed a petition for a rehearing coupled with a motion to withdraw a portion of the appellate opinion. A retail association moved for leave to file a brief in amicus curiae in support of the petition and motion.
OVERVIEW: The appellate court found that it would amend its opinion to include two paragraphs that further outlined its position. The court clarified that the law often did provide more protection for individuals with disabilities. Unlike other types of discrimination where identical treatment was the gold standard, identical treatment was often not equal treatment with respect to disability discrimination. Under the Americans with Disabilities Act (ADA), 42 U.S.C.S. § 12111(8), a plaintiff had to establish that she was an individual with a disability who, with or without reasonable accommodation, could perform the essential functions of the employment position that such individual held or desired. Washington Law had a similar provision under Wash. Rev. Code § 49.60.180(1). Even if the plaintiff were to establish that she is qualified, under the ADA the employer would ...
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