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Try CasePortal for FreeJ. Marks grants, in part, Hyundai’s motion for summary judgment in this ADA employment dispute brought by a former employee. The employee alleges Hyundai failed to accommodate after she disclosed, she had shoulder, back, neurological issues and her doctor advised her to not step on or off of a moving platform in the manufacturing facility. The overhead restrictions cannot be sustained for ADA because it falls short of the four process requirements, and her back and neurological issues accommodations note had expired. Therefore, the failure to accommodate and wrongful termination due to an actual disability is dismissed. Her motion to exclude an affidavit testimony is denied as moot. Hyundai’s motion to strike the EEOC position statement is denied. The claims of wrongful termination based on a perceived disability will proceed for the jury to determine.