The Fifth Circuit becomes the latest circuit to grapple with the temporary (or joint) employer issue under the federal anti-discrimination laws. It concludes in this case that There was a genuine dispute of material fact about which entity (or both) employed the plaintiff for purposes of the ADA. The panel also holds that There was a genuine dispute about pretext, where the alleged grounds for termination - among There things, her using the Internet while at work - may not have been known to the decision maker at the time the plaintiff was fired.
The Seventh Circuit issues a divided opinion on the issue of "qualified individual" under the ADA, in a case concerning a nursing-home beautician. While unanimously agreeing to reverse summary judgment, the panel splits over the question of how to analyze whether pushing the residents' wheelchairs was properly classified as an "essential function."
In the past eighteen months, there have been favorable decisions from the Second and Sixth Circuits about unconventional work scheduling as a reasonable accommodation. The D.C. Circuit joins those courts with a new Rehabilitation Act decision holding that the Department of Agriculture should have considered a flextime schedule for an employee under treatment for depression.
"At issue in this case is whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability." The Sixth Circuit, in a 2-1 split opinion, holds that the EEOC is entitled to a trial on behalf of an employee with irritable bowel syndrome ("IBS") for ADA discrimination and retaliation. The panel majority holds, in the course of its analysis, that a four-day-a-week telecommuting schedule might be considered a reasonable accommodation.
As recently noted here (see entry for January 26, 2014), the U.S. Courts of Appeals are just now deciding the next generation of disabilities-discrimination law cases governed by the 2008 Americans With Disabilities Act amendments (ADAAA). Here, the Eleventh Circuit notes - in a case reversing summary judgment for an employee in chronic pain - that some of its prior, more restrictive case law must now be reconsidered. (And, as an added bonus, the employee also earns a reversal of his age discrimination claim.)
The panel majority in this Eleventh Circuit appeal reverses summary judgment in an ADA and Florida state law claim. It holds that FedEx possibly imposed an impermissible qualification standard on a job applicant with diabetes, by insisting that he pass a federal Department of Transportation medical certification for a mechanic's position that was not otherwise subject to the Federal Motor Carrier Safety Regulations (FMCSRs).
In a dramatic turnabout for the plaintiff, the Sixth Circuit not only reverses summary judgment in this ADA case - holding that There was a genuine dispute of material fact whether a monocular firefighter could perform the essential functions of his job - but then disqualifies the original district court judge in the case on the grounds of appearance of partiality, when that judge arbitrarily limited plaintiff's discovery and then scolded him (groundlessly) for violating a court order.
The Sixth Circuit reverses summary judgment in an ADA case involving the operation of heavy equipment with a prosthetic leg. The court holds that it is prospectively for a jury, not a judge, to decide whether hauling such equipment to the worksite is an "essential function" of the job. The case highlights that formal job descriptions can sometimes differ markedly from in-the-field practice.
Both the EEOC and several court decisions have recognized that an employer's duty under the ADA and Rehabilitation Act to furnish reasonable accommodations is not limited to accommodating essential functions at work, but also ancillary functions important to achieving equal access - such as commuting to and from the office. See 29 C.F.R. § 1630.2(o)(1); Colwell v. Rite Aid Corp., 602 F.3d 495 (3d Cir. 2010) (partly-blind employee could be accommodated with daylight shifts, to facilitate her commute). And so, too, the Fifth Circuit holds - reversing summary judgment - that the State of Louisiana might be required to provide a free on-site parking space to accommodate the plaintiff's disability (osteoarthritis of the knee).