Charlotte Office Secures Summary Judgment for Client in ADA Suit

Charlotte, N.C. (January 7, 2025) - On December 30, 2024, Charlotte Partner Jeremy Stephenson obtained summary judgment victory and dismissal with prejudice of all claims against a client in a suit brought under the Americans with Disabilities Act in the U.S. District Court for the Middle District of North Carolina.

The client, a large regional dental practice, terminated the plaintiff’s employment following three consecutive days of no-call, no-show, in violation of handbook policies. The plaintiff claimed she made sufficient notice to several different coworkers, and that other coworkers were treated better, alleging “failure to accommodate” and “wrongful termination."

The court held that the employee handbook clear and unambiguous, requiring very specific written notice to direct report supervisors, and found the plaintiff’s comparators to be insufficient. Both the client and its employment practices liability insurance (EPLI) carrier were very highly appreciative after years of litigation.