Employer did not Discriminate or Retaliate Against Disabled Employee who was Unable to Perform In-Person Supervision Tasks
1 min read
Sep 24, 2012
A supervisor of released adult offenders suffered from sacroiliac joint dysfunction, a condition causing pain in the joints that limited her ability to walk and forced her to work from home. After surgery, she made a full return to work, but roughly a year and a half later she fell down stairs at work and the symptoms of her condition returned. She had a second surgery and took leave under the Family and Medical Leave Act (FMLA) to recover. She was terminated after her FMLA leave expired.
The employee filed a claim against her employer alleging disability discrimination in violation of the Americans with Disabilities Act and FMLA retaliation. The discrimination claim was unsuccessful because the employee admittedly could not perform work outside of her home. Thus, she could not supervise offenders in-person, an essential function of the position considering that the task represented between 25% and 50% of the job and all employees in the position were required to do it. The only potential accommodation would be a temporary reprieve from supervising offenders in-person. In the absence of an estimated date of return to full duty, the court held that the employer did not have enough information to determine whether temporary exemption from in-person supervision was reasonable. The employer was able to defend the FMLA claim by showing that the employee was terminated for a legitimate, non-discriminatory reason. She never presented a “fitness-for-duty” certificate authorizing her return to work.
For more information read Catherine Robert v. Board of County Commissioner of Brown County, Kansas, No. 11-3092 (10th Cir. Aug. 29, 2012).
Topics
Featured Insights

Press Release
Nov 13, 2026
Hinshaw Advises Client Safe Harbor Capital Partners in $44 Million Financing

In The News
Nov 12, 2026
Spencer Kook Authors Article Providing a Claims Manager’s Guide to Class Action Exposure

In The News
Nov 12, 2026
Mitch Chargo Discusses Cannabis M&A Implications in a Post-Rescheduling Landscape

Webinar
Nov 12, 2026
Michael Adams Presents on Navigating Ethics in the Digital Age

Event
Nov 12, 2026
Cathy Mulrow-Peattie Discusses AI and Supply Chain Cybersecurity

Healthcare Alert
Nov 11, 2026
Illinois Enacts 340B Contract Pharmacy Protections: 7 Steps Covered Entities Should Take

In The News
Nov 10, 2026
Brian Turetsky Examines How NYC’s Proposed POWER Act Could Expand Private UDAAP Claims

In The News
Nov 9, 2026
Kate Schnake Examines Unlawful Discrimination vs. Legitimate Advocacy in Jury Selection

Press Release
Nov 6, 2026
Hinshaw Recognized by the LCLD as a 2026 Compass Award Winner and Top Performer

Consumer Crossroads: Where Financial Services and Litigation Intersect
Nov 5, 2026
FDIC Proposes State Bank Preemption Parity Rule Regarding Host State Laws


