Marytza Golden v. Indianapolis Housing Agency
17-1359
| 7th Cir. | Oct 17, 2017Background
- Golden, a police officer for IHA since 1999, diagnosed with breast cancer in Nov 2014 and takes FMLA leave extending beyond 12 weeks.
- She applied for long-term disability and indicated she cannot perform her job safely; supervisor certified no feasible modification.
- IHA granted her FMLA leave and then offered an additional four weeks of unpaid leave, with return by April 14 or termination.
- Golden did not request more leave; after an unplanned meeting, she sent an after-hours email requesting unpaid leave per city policy.
- HR denied the request; Golden was effectively terminated on April 14, 2015, while her condition remained ongoing.
- She sued under the ADA and Rehabilitation Act alleging failure to accommodate with six additional months of unpaid leave; district court granted summary judgment for IHA; Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Golden is an otherwise qualified individual under the ADA/Rehabilitation Act | Golden argues she needed six months of unpaid leave as accommodation. | IHA, following Severson/Byrne, contends long-term leave cannot be a reasonable accommodation. | No; she is not qualified under controlling circuit precedent. |
| Whether long-term medical leave can be a reasonable accommodation under the ADA | Yes, leave can be a reasonable accommodation in some circumstances. | Under Severson/Byrne, multi-month leave is generally not a reasonable accommodation. | Not a reasonable accommodation under current circuit rule; affirmed. |
Key Cases Cited
- Byrne v. Avon Prods., Inc., 328 F.3d 379 (7th Cir. 2003) (multimonth leave not within ADA reasonable accommodation per se)
- Haschmann v. Time Warner Entm't Co., 151 F.3d 591 (7th Cir. 1998) (evidence supports leave as reasonable accommodation; jury question on undue hardship)
- Garcia-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638 (1st Cir. 2000) (rejects per se rule against extended leaves as accommodations)
- Kotwica v. Rose Packing Co., 637 F.3d 744 (7th Cir. 2011) (defines 'qualified individual' and failure to accommodate)
- Severson v. Heartland Woodcraft, Inc., 2017 WL 4160849 (7th Cir. 2017) (long-term leave cannot always be accommodation; per se rule in this circuit)
- Steffen v. Donahoe, 680 F.3d 738 (7th Cir. 2012) (ADA standard identical to Rehabilitation Act; individualized assessment)