Kemp Smith Obtains Defense Verdict in Disability Harassment Case
Kemp Smith lawyers, C.B. Burns and Abe Howard-Gonzalez, represented ADP in a disability harassment case, which resulted in a complete win on ADP’s behalf after a 3-day trial in El Paso federal court. The plaintiff, who had been diagnosed with cancer, claimed she was harassed by frequent phone calls from her supervisor while she was on leave, and was questioned about absences when she returned to work. She resigned a few weeks after she returned to work, claiming the alleged harassment was too stressful and was causing additional health problems. ADP presented evidence, however, that the plaintiff was granted extended leaves of absences, was recognized as a high-performing employee by her supervisor, received regular pay raises, was never disciplined and was accommodated by ADP throughout her cancer treatment. A six-person jury returned a unanimous verdict in ADP’s favor.