763 F.3d 998
8th Cir.2014Background
- Withers sued Johnson individually and in his official capacity, and Pulaski County, for ADA, Rehabilitation Act, and FMLA violations.
- Withers worked as assistant probation officer under Johnson in the Pulaski County Circuit Court; Johnson accommodated known restrictions initially.
- March 17, 2011: back injury; medical release allowed return with 10-pound lift limit; Johnson accepted restrictions.
- May 2011: doctor cleared return with 25-pound lifting restriction; Withers attempted to contact Johnson for return, no response.
- County policy required immediate delivery of medical release to supervisor to determine return-to-work date; failure to do so prompted resignation/termination.
- District court granted summary judgment for Johnson and County; on appeal, only Johnson’s conduct toward Withers remained at issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discrimination by termination due to disability | Withers alleges termination due to disability. | Johnson terminated for failure to immediately provide release; no disability-based motive. | No genuine issue of material fact; no discrimination. |
| Failure to reasonably accommodate | Johnson failed to accommodate known back-injury restrictions. | Johnson accommodated restrictions and left no unsupported accommodation request unresolved. | No genuine issue; accommodations were provided. |
| Retaliation for requesting accommodation | Termination followed a request for leave/ accommodation. | Termination due to policy violation, not retaliation. | No causal link; timing alone insufficient. |
| Interference with FMLA rights | Johnson interfered by demanding release disclosure to non-supervisors. | Policy lawful; no requirement to disclose to non-supervisors. | No evidence of FMLA interference; policy complied. |
Key Cases Cited
- Hill v. Walker, 737 F.3d 1209 (8th Cir. 2013) (discrimination-versus-accommodation interplay under ADA/RA; retaliation treated interchangeably)
- Peebles v. Potter, 354 F.3d 761 (8th Cir. 2004) (discrimination via failure to provide reasonable accommodations)
- Huber v. Wal-Mart Stores, Inc., 486 F.3d 480 (8th Cir. 2007) (discrimination standard; adverse action required)
- Chappell v. Bilco Co., 675 F.3d 1110 (8th Cir. 2012) (accommodation precedent; regards to restrictions)
- Sprenger v. Fed. Home Loan Bank of Des Moines, 253 F.3d 1106 (8th Cir. 2001) (timing cannot prove retaliation)
- Heisler v. Metro. Council, 339 F.3d 622 (8th Cir. 2003) (retaliation standard under ADA/RA)