By David M. Stevens, JD
In a recent opinion, Maryland’s Court of Special Appeals reversed a trial court decision in favor of an employer that had terminated an employee who was unable to resume her duties following the expiration of her Family and Medical Leave Act (FMLA) leave.
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In reaching its decision, the court offered an important clarification regarding an employer’s duty under Maryland’s antidiscrimination statute to offer an available vacant position to an employee who can no longer perform her current job as the result of a disability.
This decision reinforces a number of points you should keep in mind when faced with an employee whose disability prevents her from performing the essential functions of her current job. Let’s take a closer look at this interesting decision.