Rights of Injured Employees

The Hayber, McKenna & Dinsmore, LLC Connecticut Employment Law Alert

I am sending you this email to let you know about a recent success of mine and a great new case for disabled Connecticut workers.  The case is called John P. Curry v. Allan S. Goodman, Inc., 2008 WL 196559 (Conn.), and it is a decision of the Connecticut Supreme Court which was just released on Monday, April 7, 2008.

 

My client, John P. Curry, was fired in April 2001 after his employer learned that his back injury was permanent and that he had permanent lifting restrictions.  Despite his request to discuss possible accommodations, his employer refused.  It did so because of its policy that it never allows employees to be on “light duty” on a permanent basis. 

The Connecticut Supreme Court made three important holdings.  First, it resolved a split of authority among the lower courts on whether or not the Connecticut Fair Employment Practices Act (CFEPA) requires reasonable accommodations.  Although the statute does not include those terms, the Supreme Court held that it should be so interpreted.  Second, it held that employers must engage disabled workers in a good faith interactive process when the employee raises the issue of an accommodation.  Third, it held that employer policies that require injured workers to be cleared for “full duty” and that do not offer “light duty” on a permanent basis are illegal. 

This case is a great victory for hard working Connecticut employees.  I am very proud of my client and my law firm.  I hope that this good news will help clients of yours who may be in a similar situation.  You can view this great opinion at

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