Milton v. Texas Department of Criminal Justice, 707 F.3d 570

Milton, a former TDCJ employee, has severe perfume/scent sensitivities affecting respiration; she worked at Wynne Unit from 1990 to 2007.
She requested ADA accommodation in Dec 2006 to avoid plug-ins/candles; accommodation denied.
TDCJ offered 90 days to find a different position; Milton proposed other roles but found them dusty/unavailable.
Milton began FMLA leave on Jan 3, 2007; she provided medical certification through March 2007; March certification never received by TDCJ.
Milton was administratively terminated Apr 19, 2007 after failing to provide March FMLA certification; district court granted summary judgment for TDCJ.
The district court’s decision relied on pre-ADA Amendments law and on absence of a qualifying disability and untimely FMLA certification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
ADA disability whether Milton qualifies	Milton’s impairment substantially limits major life activities	Milton’s impairment is mitigated and not substantially limiting	Milton does not have a disability under ADA
FMLA certification timely submission	Certification was timely or insufficiently communicated	Milton failed to provide the required March certification	No timely FMLA certification; district court affirmed

Toyota Motor Mfg., Ky., Inc. v. Williams, 534 U.S. 184 (U.S. 2002) (disability requires substantial limitation of a major life activity)
EEOC v. Agro Distribution, LLC, 555 F.3d 462 (5th Cir. 2009) (substantial limitation assessed with mitigating measures)
Sutton v. United Airlines, Inc., 527 U.S. 471 (U.S. 1999) (disability exists only when impairment substantially limits a major life activity absent mitigations)
Daigle v. Liberty Life Ins. Co., 70 F.3d 394 (5th Cir. 1995) (elements of a prima facie ADA case; disability focus)
Hamilton v. S.W. Bell Tel. Co., 136 F.3d 1047 (5th Cir. 1998) (discusses limitations and disability determination)