Thompson v. UGL UNICCO SERVICE CO.
The plaintiff, Richard A. Thompson, sued UGL Unicco Service Company for alleged violations of the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and state law claims of retaliatory discharge and violations of the Tennessee Disability Act (TDA) and Tennessee Human Rights Act (THRA). The defendant filed a motion for summary judgment. The court dismissed the FMLA claim because UGL Unicco did not meet the statutory definition of an 'employer'. The THRA disability discrimination claim was also dismissed as it is typically brought under the TDA, guided by ADA law. For the ADA and TDA claims, the court found Thompson failed to demonstrate a substantial limitation in major life activities due to his diabetes, thus not establishing a 'disability'. Finally, the court granted summary judgment for the defendant on the state law retaliatory discharge claim, finding no exercise of a statutory right related to the adverse action.