548 F. App'x 330
6th Cir.2013Background
- Cash, employed by Siegel-Robert, Inc. (SRI) from 2007, performed mold-setting and related heavy-lifting duties.
- In Jan 2009 Cash planned back surgery; SRI granted six months of medical leave (Mar 18–Sep 17) with Aetna managing STD benefits.
- SRI policy terminated employment after 6 months unless extension requests were timely made with medical documentation showing return-to-work ability.
- During leave, Aetna provided SRI with status data; Cash supplied doctor notes but not in record; no definite return-to-work date.
- After surgery, Cash received a work-release on Sep 21, but SRI had already terminated him on Sep 18 under the leave policy; Howard made termination decision.
- Cash did not timely seek leave extension or reapply for employment, and LTD benefits were denied; Cash filed ADA claims alleging failure to accommodate and discriminatory discharge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether Cash proves failure to accommodate under the ADA | Cash sought accommodation or transfer but did not propose a specific feasible accommodation | SRI discharged under the medical leave policy and Cash did not request extension or interactive process | summary judgment affirmed for SRI; failure-to-accommodate claim fails |
| whether Cash proves discriminatory discharge under the ADA | Cash was terminated while at risk of return and sought reconsideration | Cash did not timely request extension or evidence of ongoing need; proper application of policy | summary judgment affirmed for SRI; discharge claim fails |
Key Cases Cited
- Hedrick v. Western Reserve Care Sys., 355 F.3d 444 (6th Cir. 2004) (standard for failure-to-accommodate elements; burden shifting)
- Kleiber v. Honda of Am. Mfg., Inc., 485 F.3d 862 (6th Cir. 2007) (interactive process and reasonable accommodation burden on employee)
- Monette v. Elec. Data Sys. Corp., 90 F.3d 1173 (6th Cir. 1996) (framework for ADA failure-to-accommodate)
- Burns v. Coca-Cola Ent., Inc., 222 F.3d 247 (6th Cir. 2000) (burden on employee to propose reasonable accommodation or transfer)
- Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042 (6th Cir. 1998) (need for employee to propose accommodation and show reasonableness)
- Cehrs v. Northeast Ohio Alzheimer’s Research Ctr., 155 F.3d 775 (6th Cir. 1998) (reconsideration after pursuing extension; pretext in extension requests)
- Bultemeyer v. Fort Wayne Cmty. Schs., 100 F.3d 1281 (7th Cir. 1996) (interactive process; distinction when ongoing vs concluded)
- Criado v. IBM Corp., 145 F.3d 437 (1st Cir. 1998) (evidence of continuing discrimination in leave context)