855 F. Supp. 2d 653
W.D. Ky.2012Background
- Azzam, a registered nurse, worked in BHA since 1992 and later in the surgical unit under Barbara Ritchie.
- She had permanent restrictions after a 2008 stroke/CV A and fatigue affected weekend call capabilities.
- BHA required full-time surgical RNs to perform weekly and weekend call duties; failure to report within 30 minutes was prohibited.
- She was placed on limited hours and no-call restrictions beginning July 2008 after medical clearance.
- BHA long-term accommodated her reduced schedule but continued to shift call duties to other RNs; by January 2009, management terminated her for not accepting a schedule with call duties.
- Azzam alleged disability discrimination under the ADA and KCRA; the court ultimately granted summary judgment for BHA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Azzam disabled under the ADA/ADAAA at the time of termination? | Azzam contends her stroke/fatigue substantially limits working. | BHA argues no substantial limitation under ADA/ADAAA. | Not disabled under ADA/ADAAA. |
Key Cases Cited
- Hammon v. DHL Airways, Inc., 165 F.3d 441 (6th Cir.1999) (ADA prima facie elements applied)
- Swanson v. Univ. of Cincinnati, 268 F.3d 307 (6th Cir.2001) (definitions of disability under pre-ADAAA standards)
- Toyota Motor Mfg., Ky., Inc. v. Williams, 534 U.S. 184 (2002) (broad ADA disability interpretation pre-ADAAA)
- Monette v. Elec. Data Sys. Corp., 90 F.3d 1173 (6th Cir.1996) (mere scintilla not enough for summary judgment on disability claim)
- Hoskins v. Oakland County Sheriff's Dept., 227 F.3d 719 (6th Cir.2000) (employer not required to shift essential functions)
- Eibest v. Planned Parenthood, 94 F.Supp.2d 873 (N.D. Ohio 2000) (fatigue not disability)
- Allen v. SouthCrest Hosp., 455 Fed.Appx. 827 (10th Cir.2011) (ADAAA regulations on retroactivity of revised standards)