Case: Incapacity Discrimination/Discharge (eighth Cir.)

August 06.02.2021, 3:52 p.m.

Express Scripts Services Company has the right to summarize the discriminatory dismissal of a disabled senior project manager and failure to comply with claims under the Minnesota Human Rights Act, the Eighth Circuit confirmed. The manager, who was diagnosed with complex cervical dystonia, failed to ask the factual question of whether Express Scripts’ reason for termination was an excuse for discrimination, the appeals court said. His job performance problems began before his illness began and were not related to his disability or sick leave, it said. In addition, the file clearly stated that he was unable to perform the essential functions …

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