Court restores accommodation claim for employee with pending leave request

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The court ruled that this duty includes fully considering a request for accommodation in the form of medical leave prior to terminating an employee with a disability.

Facts

Jeanne King, a registered nurse who worked at Steward Trumbull Memorial Hospital from approximately 2007 until her termination in June 2017, was described as “a competently skilled emergency nurse” by her supervisor. She was diagnosed with asthma as a young adult, but her symptoms began worsening around 2013 and 2014. During severe flare-ups, she would call in sick and inform the hospital of why she couldn't work that day. She spoke directly with her supervisor several times and specifically noted she needed to miss work because of her asthma, which she described as “disabling.”