United States Sixth Circuit

The Tennessee Handicap Act protects employees in the private sector from discriminatory termination, and, because plaintiff raised a genuine issue of material fact on that issue, summary judgment reversed and remanded; hospitalization for severe depression is covered by the FMLA, and the jury here could reasonably have found that defendant fired plaintiff for taking leave rather than for overdosing on drugs.

Appellate Information

• Argued 01/23/2002
• Decided 03/25/2002
• Published 03/25/2002

Judges

• Before JONES and COLE, Circuit Judges;  GWIN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Donald F. Mason, Jr. (argued and briefed), D. Bruce Shine (argued and briefed), Shine & Mason, Kingsport, Tennessee, for Plaintiff-Appellant.


• For Appellees:
  
• Kelly Atkins Campbell, Jeffrey C. Taylor (argued), Wimberly, Lawson, Seale, Wright & Daves, Morristown, Tennessee, Steven H. Trent (briefed), Alice K. Corker, Baker, Donelson, Bearman & Caldwell, Johnson City, Tennessee, for Defendant-Appellee.