July 2017

Global Pharmaceutical Company Wins Reversal in Disability Discrimination Suit

On appeal, a global pharmaceutical company won a reversal resulting in a total defense verdict in an employment-related dispute alleging discrimination under the Americans With Disabilities Act (ADA). A jury in the underlying action awarded the plaintiff $600,000 to compensate for emotional pain and mental anguish. However, the 11th Circuit found no reasonable evidence indicating an adverse employment action that would hold the pharmaceutical company liable under the ADA. 

In its opinion, the appellate court highlighted the fact that the pharmaceutical company offered the sales representative, who was displaced as a result of a reorganization, the same position in a requested location - an offer which she declined. The 11th Circuit reversed and remanded the district court's decision, finding in favor of the pharmaceutical company on the plaintiff's ADA discrimination claim. 

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