Attorneys obtained Summary Judgment in an employment discrimination action

Attorneys obtained Summary Judgment in an employment discrimination action. The plaintiff sustained a shoulder injury while working as the assistant cafeteria manager for defendant. Plaintiff began to receive workers' compensation, which she still receives, and accommodations were afforded to plaintiff per her doctor's orders. Plaintiff ultimately underwent shoulder surgery and was out of work for four and a half months. When she was released to return to work, plaintiff did so for only 1 day, called out the next and then was no call/no show for 3 consecutive days. Pursuant to the school's policy, plaintiff was deemed to have voluntarily resigned. In granting summary judgment with reference to the ADA claim, the court determined that plaintiff was not disabled within the meaning of the statute. The court also determined that the plaintiff's negligent infliction of emotional distress claim was barred by the state workers' compensation act. Plaintiff's FMLA, ADA retaliation, and intentional infliction of emotional distress claims were also dismissed.