Potvin v. Champlain Cable Corp.

This employment discrimination case raises two important issues: (1) whether an employee whose physical impairment limits her ability to work certain hours may be “substantially limit[ed]” for purposes of the Fair Employment Practices Act (FEPA), 21 V.S.A. § 495d(5)(A), and (2) whether federal labor law preempts a state-law disability discrimination claim brought by an employee who is covered by a collective bargaining agreement. The trial court held that plaintiff’s claim is not preempted by federal law, but granted summary judgment to defendant on the ground that plaintiff’s impairment did…