Hatchett V. Philander Smith College Thesis

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2. Did the fact that Hatchett's initial injury occurred in a work-related setting affect the court's analysis of her legal claims? As a policy matter, should this fact make a difference in the ADA/FMLA analysis?

The particular circumstances of Hatchett's initial injury were never considered by the court in the analysis of her claims. As a policy matter, the circumstances of the initial injury are completely irrelevant to the ADA/FMLA claims because those circumstances would only be relevant to the issue of civil liability, such as for negligence in a tort claim for damages caused directly by the injury.

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The purpose of the ADA provisions are to protect disabled persons from employment discrimination and the purpose of the FMLA provisions are to protect the right to continued employment for persons who might otherwise be terminated as a result of suffering from or receiving necessary treatment for medical conditions. Neither the ADA nor the FMLA considers the issues of liability for the initial injury......

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