OMAHA, Neb. (AP) — The Nebraska Supreme Court has given a former eye clinic worker a new shot at convincing a jury that she was discriminated against based on a perceived disability.
Cindy Marshall’s lawsuit says EyeCare Specialties of Lincoln fired her in 2012 because it perceived her as disabled after learning she once completed substance abuse treatment and because of medical conditions that make her hands tremble and causes red marks on her skin.
A Lancaster County judge entered a judgment for the clinic, saying that Marshall failed to prove the clinic discriminated against her.
But the high court Thursday said Marshall presented evidence that the clinic reprimanded her for failing to bandage the marks on her arms and that a jury should be allowed to decide whether the clinic discriminated against her.