A counselor for the Hillsborough County Children’s Services Department (CSD) lost her disability discrimination case against the county in U.S. District Court for the Middle District in Tampa.
Rose Ann Moore suffered limited mobility due to knee and neck injuries, and requested use of a golf cart to traverse the 32-acre county campus. CSD allowed her to sign out one of three carts used by maintenance, but the carts were shared. Moore said she was disciplined for missing meetings when a cart was unavailable. Shortly after she filed an EEOC complaint, she was terminated.
The CSD said Moore was fired over numerous , which the department had documented in . Moore was placed on the county’s performance improvement plan in August 2005 five months before her termination. Managers indicated in her personnel records that Moore was not receptive to counseling.
The county also noted that Moore’s medical evaluations indicated she could walk 15 minutes out of every hour.
The court found that Moore was not disabled because she was not limited in a major life function. Further, despite the timing, the county’s documentation convinced the court that Moore was fired for performance, not in retaliation for her complaints.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- How to Write Meeting Minutes
- Disabled former employees can't recover benefits under ADA unless they seek rehire
- Personnel files: Organize your paper trail to minimize legal risks
- Offering settlement or severance? Don't forget special ADEA rules
- Workers' comp: OK to require immediate accident reports