Ambulance Driver Who Updated Facebook Status While Driving Ambulance Survives Summary Judgment Motion

Summary judgment is always tough for an employer to get in disability discrimination suits because the cases tend to be marred with detailed facts – and even this Ambulance Driver, who posted ON FACEBOOK WHILE SHE WAS DRIVING THE AMBULANCE, managed to eek her case past that “genuine issue of material fact” requirement… Brown v. Tri State Ambulance Corp., N.D. W.Va., No. 5:12-CV-5, 2/19/13. She’s arguing that the handful of minor infractions for which she was written up and then terminated was only a pretext for discrimination based on her hip issue. The fact that she refers to “updating facebook while operating a few thousand pounds of steel in a potentially deadly manner” as a “minor infraction” seems problematic to me.

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