565 F. App'x 446
6th Cir.2014Background
- Parsons, a senior training specialist for Auto Club Group (Auto Club), alleged an ADA failure-to-accommodate claim based on sleep apnea.
- Auto Club paid for Parsons’ overnight hotel stays, mileage, car rental, and meals when travel required it; investigations scrutinized his expenses.
- In March 2011, Auto Club’s finance team flagged improper hotel stays and questioned mileage, meals, and rental-car expenses; a surveillance team then observed personal activities during work hours.
- Parsons was suspended August 3, 2011 and fired August 8, 2011 for violating hotel, meal, and rental-car policies and for lying to investigators.
- Parsons claimed Auto Club failed to accommodate his sleep apnea with a reasonable accommodation; he argued leave, vacation, or short-term disability could be alternatives, but he had not requested an accommodation before filing suit; the district court granted summary judgment for Auto Club, and the Sixth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Parsons establish a prima facie failure-to-accommodate claim under the ADA? | Parsons contends he needed an accommodation for sleep apnea. | Auto Club argues Parsons did not establish a prima facie case without a requested accommodation. | No; Parsons failed to show a requested accommodation. |
| Did Parsons request a reasonable accommodation for his sleep apnea before suit? | Parsons sought time off to address sleep apnea issues. | Parsons did not provide evidence of a concrete accommodation request. | No; no evidence of a timely accommodation request before suit. |
Key Cases Cited
- Cash v. Siegel-Robert, Inc., 548 F. App’x 330 (6th Cir. 2013) (burden to propose and show reasonable accommodation)
- Hedrick v. Western Reserve Care Sys., 355 F.3d 444 (6th Cir. 2004) (employer not required to speculate about disability or need for accommodation)
- Burns v. Coca‑Cola Ent., 222 F.3d 247 (6th Cir. 2000) (baseline for reasonable accommodation analysis)
- Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042 (6th Cir. 1998) (employer not required to infer accommodation needs)
- Jones v. Nationwide Life Ins. Co., 696 F.3d 78 (1st Cir. 2012) (timely accommodation requests are important in ADA analysis)
- Davila v. Qwest Corp., 113 F. App’x 849 (10th Cir. 2004) (late accommodation requests can be too late)