Here's a nice, short decision affirming a judgment of $25,200 in compensatory damages and $65,274.64 in back pay for an ADA plaintiff fired because of his insulin-dependent diabetes. The court underscores that the question of "essential function" under that statute is a factual one for a jury to resolve. And the court also holds that starting a business, even one that fails, is a valid method of mitigating damages.
In two recent federal-sector race discrimination decisions, the D.C. Circuit - while ruling in the employer-agency's favor - issued opinions that may be even more useful for employees in future cases. Both opinions criticized short-cuts sometimes used by district courts to improperly weigh summary judgment records.
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.
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.
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.
The Fifth Circuit issues some useful guidance on an employer's obligation under the Americans with Disabilities Act (ADA) to offer job restructuring as a reasonable accommodation to disabled employees. The employer here, according to the summary judgment record, failed to offer support to an employee with epilepsy in the form of alternative transportation and assistance with computer-related tasks. The panel also clears up the circuit standard for a plaintiff to prove causal nexus under the ADA, and restates that an ADA plaintiff need only prove that disability was a motivating factor in the adverse action.
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."
So far, There has been relatively little case law on the question of when, under Title I of the Americans with Disabilities Act, an employer's medical examination may be deemed job-related and consistent with business necessity under the provisions of 42 U.S.C. § 12112(d)(4)(A). The Sixth Circuit - nearly two years to the day after its first opinion in this long-running case - remands the claim a second time for a jury trial on this issue.
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.