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What Not to Do in ADA Cases

By Elizabeth Connellan Smith
September 01, 2003

A recent case in the Federal District Court for the District of Maine offers in-house counsel and others providing employment law advice to corporate clients with a lesson in what not to do when faced with an employee suffering from a mental health disability and seeking leave for hospitalization as an accommodation.

Land Air Express of New England, Inc., an air freight and delivery company with terminals in Maine, New Hampshire, Vermont, and Massachusetts, recently settled claims raised by a former employee who was terminated while in the hospital seeking medical care for longstanding mental health diagnoses. Land Air paid in excess of $350,000 to settle the employee's claims, and further was obligated to enter into a Consent Decree with the Equal Employment Opportunity Commission (EEOC) designed to prevent discrimination on the basis of disability by Land Air in the future. The case marks the first time the EEOC has taken a case involving mental illness in New England. The case also provides a “Monday-morning quarterback” view of just how things can go wrong when a company fails to follow the requirements of the law.

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