Minn. Agency Can't Dodge Narcoleptic Worker's ADA Suit

Law360 (February 23, 2021, 6:52 PM EST) -- A federal judge on Tuesday rejected the Minnesota Department of Human Services' bid to sink a disability bias suit from a teacher who worked with sex offenders until she was allegedly forced to resign because of her narcolepsy.

U.S. District Judge John Tunheim denied the state's bid to toss Deanna Fosness' suit, finding she jumped through all the required procedural hoops before filing her case, even though one of two U.S. Equal Employment Opportunity Commission charges she lodged was unresolved.

"Because the second charge only alleges retaliatory acts by defendant that are identical to those already alleged in the first amended and...

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