092100P.pdf   07/06/2010  Charlene Wisbey  v.  City of Lincoln
   U.S. Court of Appeals Case No:  09-2100
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Shepherd, Author, with Smith and Benton, Circuit Judges]
   Civil case - Employment discrimination. Evidence showed the City was
   not mistaken in its belief that plaintiff was not fit for duty in light of 
   her impairment which substantially limited her ability to work; city's 
   request that plaintiff pass a fitness-for-duty exam fell within the business
   necessity exception to the ADA's prohibition on such exams as her duties
   as an emergency services dispatcher had important public safety aspects
   and her ability to focus was critical to performance of her duties; plaintiff
   failed to show that she had a right to Family Medical Leave Act leave and
   the City could not have interfered with her rights under the Act absent
   such a showing; plaintiff failed to show a causal connection between her
   request for FMLA leave and her termination and thus failed to show the
   termination was retaliatory.