Search
RSS
Subscribe

Enter your email address to receive new posts in your inbox:

Delivered by FeedBurner

Share

Like what you see? Share!

Twitter
Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Friday
Feb102017

Secret Agent Man with Narcolepsy Lacks Disability Claim

Jacob Abilt (not his real name) was a covert employee for the CIA until his employment was terminated in October 2011.  After his termination Abilt argued that despite having informed the CIA he had been diagnosed with narcolepsy, he was terminated as a result.  The facts are limited, as the court noted: “Many of the basic facts regarding Abilt’s employment with the Agency are classified, as are the job responsibilities and even the identities of most of his former supervisors and co-workers.”  What was made public is that as an accommodation, Abilt requested that he be permitted to take periodic naps; a request which his then-supervisor granted.  Abilt, however, was then assigned to temporary duty yonder (TDY) overseas in a warzone.  He accordingly was assigned a new supervisor.  The new supervisor witnessed Abilt sleeping and delayed the TDY assignment by 30 days; then later, the assignment was delayed 6 months due to concerns regarding the narcolepsy.  This pattern of delays continued.  Abilt filed complaints with the EEOC alleging disability discrimination in 2009 and 2010.  In 2011, the EEOC issued a decision rejecting the claims as unsupported.  Abilt was ultimately terminated and filed a discrimination suit.  The case was dismissed and the dismissal was upheld by the Fourth Circuit as a result of the fact that the litigation would result in the disclosure of privileged information.  Specifically, the Court noted: “Abilt suffers dismissal of his claim ‘not through any fault of his own, but because his personal interest in pursuing his civil claim is subordinated to the collective interest in national security.”  The full decision is available here.

PrintView Printer Friendly Version

EmailEmail Article to Friend

« Twist and Shout, or A Small Victory in the Fight Against Creeping Non-Occupational Injury Coverage In Maine Workers’ Compensation | Main | The New (Improved?) I-9 Form »