Sensing v. Outback Steakhouse of Florida, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding plaintiff had sufficiently alleged discharge when she alleged that removing her from the work schedule and rejecting multiple requests to return to work “effectively ended her employment”
• evaluating discrimination claims brought under both Chapter 151B and the ADA under the same framework
• distinguishing in ADA context whether the defendant’s decision to terminate the plaintiff was based on “legitimate safety concerns or alternatively, impermissible discriminatory animus”
• stating that “termination” is an adverse employment action
• finding employer’s concern that employee might reinjure herself could be considered by a jury to be “impermissible speculation as to risk of future injury rather than a legitimate concern about [employee’s] present ability to safely perform the essential functions of her job”
• employee offered affidavits from coworkers indicating they thought plaintiff could not perform her job safely as a result of a disability

Source: CourtListener parenthetical corpus (CC0).