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Great ADA Ruling! Mendoza v. J. M. Smucker Co.
Absent intent or authority as legal advice.
The outcome of Mendoza v. J. M. Smucker Co. (Case No. 5:22-cv—2281, Northern District of Ohio, Eastern Division, Decided May 23, 2023, 2023 U.S. Dist. LEXIS 90231) just affirmed the rights of many people affected by the bullshit segregation based on vaccination status at work.
There is some hogwash mixed in with this as well, such as “Testing positive or being exposed to COVID-19 does not make a person disabled for the purposes of the ADA.” I’d challenge this, because when it is combined with an employer policy, it could be a physical impairment that substantially limits the major life activities of working and caring for oneself.
But on to the good stuff.
This court held: “By publicly segregating plaintiff and other employees based on medical information namely, vaccination status, defendant went beyond the disclosures of medical information the ADA permitted because only managers or supervisors in the workplace might be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations under 42 U.S.C.S. § 12112(d)(3)(B)(i).”
The court also said: “By publicly segregating Ms. Mendoza and other employees based on medical information (namely, vaccination status), Smucker went beyond the disclosures of medical information the Act permits.”
This case also points out that Ms. Mendoza’s claims were not asserted fully, perhaps.
She might have considered that the employee policy created a disability when segregating vaccinated and unvaccinated, because this was a physical and/or mental impairment that substantially limits the major life activities of working, interacting with others, communicating, caring for oneself, and more.
Anyway, this is at least a nugget of positivity in this crazy world of oppression.
P.D., JAY V SHORE, as Certified ADA Advocate.