Trial News
Verdicts & Settlements: Employment Law
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Log inFailure to accommodate employee’s medical condition
June 13, 2024Walter Tankersley, who suffered from anxiety and depression, was a sales representative for White Dairy Ice Cream Co. When he left work after experiencing chest pains and mental distress, he requested several months of medical leave. White Dairy subsequently sent Tankersley a letter accepting his resignation, even though Tankersley had not resigned. White Dairy then refused to allow Tankersley to return to work. Tankersley, who lost income, insurance, and other benefits, now works at a significantly lower-paying job.
Tankersley sued White Dairy Ice Cream Co., alleging civil rights violations, retaliation, breach of contract, and violations of the Family and Medical Leave Act and the Americans with Disabilities Act. The plaintiff asserted that the defendant failed to accommodate his medical condition by allowing a short period of time off from his job, which he was able to perform fully.
The jury awarded $100,000.
Citation: Tankersley v. White Dairy Ice Cream Co., No. 17-CV-2019-00639 (Ark. Cir. Ct. Crawford Cnty. June 22, 2023).
Plaintiff counsel: Derick Allison, Greenwood, Ark.