As often as discrimination cases turn on hostility towards protected-class employees, it pays to remember that the same laws apply no less to discrimination motivated by other reasons, such as misguided paternalism. Here, the Fourth Circuit sends a case back for a trial where a hospital believed that 28-year-veteran employee could no longer safely navigate its campus.
The Tenth Circuit produces a clear circuit split on an issue now poised for Supreme Court review: must a ADA plaintiff challenging an employer's failure to reasonably accommodate a disability prove an adverse employment action? The panel splits two-to-one on this issue, in favor of the employer.
The Sixth Circuit affirms a jury award in an ADA case of $27,565 in back pay and $250,000 in compensatory damages, awarded to a dollar-store clerk who was fired for grabbing orange juice from the store fridge twice during diabetic episodes. The panel notes, among other things, that the failure to provide a reasonable accommodation can itself be direct evidence of discrimination.
The Sixth Circuit affirms a jury verdict for an in-house lawyer in Tennessee, including $92,000.00 in compensatory damages and $18,184.32 in backpay. The court holds that the jury could have found that the employer violated the Americans with Disabilities Act (and state law) duty to accommodate, by failing to allow a ten-week period of telecommuting during the lawyer's pregnancy bedrest.
In a rare federal court of appeals opinion in this area, the Third Circuit has occasion to decide whether a hospital employee manifested a religious (versus an ethical) objection to getting a flu shot that would be protected by Title VII's religious-accommodation provision, 42 U.S.C. § 2000e(j).
Courts are split over whether, under the ADA, employers who are able to reassign incumbent employees to accommodate their disabilities must do so outside of a normal competitive, "best-qualified" application process. The Eleventh Circuit this week joined the fray, holding that employers do not need to abandon a so-called "best-qualified" policy for filling vacancies, even as a reasonable accommodation.
One way that employers go wrong under disability-discrimination laws is writing off an employee with diagnosed mental disabilities as simply a difficult personality or a poor "fit" for the job. Here, a special-education teacher with post-traumatic stress disorder (PTSD) - who was denied a transfer to a less-stressful position and fired for supposedly creating "so much unnecessary drama" with co-workers - will have a trial, thanks to a recent Seventh Circuit decision.
The Tenth Circuit reviews an ADA claim of a deaf applicant for technician at a plasma-donation center. It holds that a health-care provider cannot fend off an analysis of whether a proposed accommodation for a disabled employee is reasonable simply by arguing that any risk to patients, however infinitesimal, is unacceptable.
Social anxiety disorder is a recognized disability, and employers need to consider work assignments with that disorder in mind. The Fourth Circuit holds that a district court erred by dismissing a claim (on summary judgment) against a public-sector employer that fired an employee instead of assigning her away from public-oriented, customer service duties. It also observes that a recent Supreme Court decision should make summary judgment for defendants more difficult to obtain.