Employee’s ADA Claim Fails due to Inability to Establish that she was a “Qualified Individual”
1 min read
Nov 15, 2011
An employee sued her employer claiming that she was: (1) discriminated against based upon her disability, (2) retaliated against, and (3) subjected to a hostile work environment when the employer failed to provide her with a disabled-access parking spot. The employee suffered from fibromyalgia and other health problems, which ultimately led to her taking considerable time off of work. In at least one year, she was absent for 59 percent of the time. In response to her claim, the employer indicated that the employee’s attendance was entirely unpredictable and that she rarely gave advance notice of her absences. The U.S. Court of Appeals for the First Circuit determined that the employee’s claim failed from the inception because she was unable to establish that she was a qualified disabled individual, or, more specifically, that she was able to perform the essential functions of her job. The provision of a disabled parking space was not determinative, because it was questionable whether the space would have enabled her to perform the essential functions of her job. Because being present at her workplace was an essential function, and the employee’s history of absences demonstrated that she was incapable of regularly being at work, she could not overcome this initial hurdle. The court similarly determined that the employee was unable to establish a hostile work environment or retaliation based upon the same facts. Disability discrimination claims are on the rise. Employers must ensure that their policies and practices comply with the ADA and/or corresponding state anti-discrimination laws.
Colon-Fontanez v. San Juan, No. 10-1026 (1st Cir. Oct. 12, 2011)
Featured Insights

Press Release
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee

In The News
Sep 3, 2026
Jennifer Driscoll Analyzes FTC Suit over Amazon’s Advertising Pricing Practices

In The News
Sep 2, 2026
Yvonne Ocrant Discusses Horse Business Legal Protection on the EquineRevShare Podcast

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 2, 2026
Two Key Wins for Mortgage Lenders on Illinois Statute of Limitations

Press Release
Sep 2, 2026
Jennifer Driscoll Reappointed to CBA's Antitrust & Trade Regulation Section Executive Committee


