Boston Scientific Corporation (BSC) discharged a plaintiff after giving her a one year leave of absence following a back injury after the plaintiff’s medical providers were unable to state when the plaintiff might be able to return to work. The plaintiff sued BSC, alleging that it discriminated and retaliated against her based on her disability, failed to accommodate her disability throughout her employment and discriminated against her on the basis of sex. Our firm represented BSC in the litigation, during which the court granted BSC’s motion to dismiss the claims in their entirety, ruling that the plaintiff was not, at the time of her discharge, a “qualified individual with a disability” under the Americans With Disabilities Act and analogous Louisiana state law.
January 2020