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Unformatted text preview: State,
County, Municipal Employees (AFSCME). Zihala told her union representative that she
was raped and that she became sick after the first five days of work with the Department.
After the meeting, Zihala's union representative submitted a written rebuttal on behalf of
Zihala. In that rebuttal, the union representative explained that Zihala's apparent poor
work performance was attributable to a lack of training and that she "has also been
experiencing some illness that has been exacerbated during her transition from her former
place of employment." The union representative also noted that Zihala was "under
doctor's care to deal with the stresses for which she then (from December 13-17) and
most recently has been suffering from." He further stated that Zihala would "willingly
correct any offensive or unacceptable behavior and concentrate on being the type of
employee you needed."
On January 18, [*6] 1994, Zihala returned to work in a clerical capacity pending the
completion of the discharge procedures. On January 21, 1994, the Department officially
discharged Zihala citing poor work performance. On February 8, 1994, Zihala filed a
charge of discrimination with the Equal Employment Opportunity Commission
("EEOC") claiming that she was discharged because of her disability. In her charge of
discrimination before the EEOC, Zihala described her disability as a "mental
handicap/disability nervous breakdown." On April 7, 1995, Zihala filed this action
against the Department claiming that it discriminated against her in violation of the
Americans with Disabilities Act (ADA"), 42 U.S.C. § 12101 et seq., by denying her a
reasonable accommodation and by discharging her because she suffered from bipolar
disorder. The Department subsequently moved for summary judgment.
Summary judgment is proper "if the pleadings, deposition, answers to
interrogatories, and admissions on file, together with affidavits, if...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08