Doe v. Mylan Pharmaceuticals, Inc., 1:16-cv-00072

Doe has worked for Mylan since 2007 as a Tablet Press Operator, a role requiring heavy machinery.
Doe suffers from a seizure disorder and has experienced work-related seizures since 2008; he has previously been temporarily reassigned for medical restrictions.
After a 2014 seizure, Doe was temporarily reassigned to the Tool Room for six months; he returned to the Tablet Press Operator role in late 2014.
A March 2015 seizure led Doe to request another temporary reassignment to the Tool Room, but Mylan denied it, citing the CBA's seniority bidding rules.
The Tool Room Attendant position is filled under a seniority-based process; Doe argued special circumstances should permit an exception to the seniority rule to accommodate him.
Doe also received short- and long-term disability benefits in 2015-2015 while seeking accommodation, and by late 2015 returned to full duties; as of mid-2016, Mylan permanently restricts him from ladders/higher heights.

Issue	Plaintiff's Argument	Defendant's Argument	Held
ADA duty to accommodate with seniority system conflict	Doe argues special circumstances justify an exception to the seniority rule.	Mylan contends reassignment would violate the CBA’s seniority bidding.	Material facts in dispute; cannot grant summary judgment.
Special circumstances sufficient to override seniority	Special circumstances exist due to prior accommodations and reduced expectations of the seniority system.	No basis to depart from the seniority framework under Barnett.	Genuine issues of material fact about special-circumstance reasonableness remain.
Existence of an open/available Tool Room position in 2015	There was or could be an available Tool Room position suitable for reassignment.	There was no open and available Tool Room position when Doe requested.	Disputes over availability survive summary judgment.
WVHRA claim alignment with ADA analysis	WVHRA should be judged similarly to ADA; accommodation disputes persist.	Same grounds as ADA — no legitimate accommodation under the CBA.	Genuine issues of material fact preclude summary judgment on WVHRA claims.

United States v. Barnett, 535 U.S. 391 (2002) (ADA not to reassign ahead of seniority unless special circumstances exist)
Kitchen v. City of Williamson, WV, 552 F. Supp. 2d 583 (W. Va. 2008) (elements for WVHRA claim; reasonable accommodation depends on availability)
Skaggs v. Elk Run Coal Co., 479 S.E.2d 561 (W. Va. 1996) (WVHRA standard for reasonable accommodation)
Mobley v. Advance Stores Co., 842 F. Supp. 2d 866 (E.D. Va. 2012) (ADA reasonable accommodation and case-specific factors)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard: no genuine dispute of material fact)
Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (burden on movant to show absence of genuine issues of material fact)