Wheeler v. Jackson National Life Insurance, 159 F. Supp. 3d 828

Background

Wheeler worked as an Internal/"Floating" Internal Wholesaler (FIW) for JNL; FIW duties required on-site attendance and logging into a monitored telephone "Queue" to take inbound calls (primary, essential function).
Wheeler has episodic disabilities (bipolar disorder, narcolepsy, etc.), previously took FMLA leave, and JNL had previously accommodated him (job restructuring to FIW, intermittent and general leaves).
Between Apr 24 and Jul 12, 2013, records showed Wheeler absent from the office or not logged into the Queue on 34 of 58 work days; JNL reconciled those absences as using his available FMLA time and concluded he exhausted his rolling 12-week entitlement as of July 5, 2013.
Wheeler's treating doctors later advised JNL that his conditions would likely cause unpredictable, ongoing flare-ups making regular, predictable attendance unlikely in the foreseeable future.
JNL offered a temporary unpaid general leave while it consulted his physicians, then concluded leave would not render Wheeler able to perform essential FIW functions and terminated him on August 9, 2013.
Wheeler sued under the ADA (and Tennessee Disability Act), FMLA (interference and retaliation), Tennessee common law and TPPA claims; cross-motions for summary judgment were filed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
ADA/TDA discrimination — qualified individual (attendance)	Wheeler contends he was qualified; could perform duties (sometimes remotely) and JNL accommodated him before.	JNL: on-site, regular attendance and Queue logging are essential; Wheeler could not reliably perform them due to unpredictable, episodic conditions.	Court: Attendance and on-site Queue work are essential; Wheeler was not a "qualified" individual because he could not regularly and predictably attend; summary judgment for JNL.
ADA/TDA failure to accommodate	Wheeler sought ongoing, open-ended intermittent leave as reasonable accommodation.	JNL: unlimited/unpredictable leave is unreasonable as a matter of law and would fundamentally alter the job.	Court: Open-ended intermittent leave is unreasonable; JNL entitled to summary judgment.
ADA failure to engage in interactive process	Wheeler asserts JNL failed to engage adequately in interactive process.	JNL: interactive-process duty does not save him where the proposed accommodation was unreasonable or impossible.	Court: Because proposed accommodation was unreasonable and medical evidence showed no likely improvement, no actionable failure to engage; judgment for JNL.
FMLA interference / retaliation	Wheeler asserts JNL improperly reconciled/denied FMLA, exhausted his leave incorrectly, and retaliated for exercising FMLA rights.	JNL: reconciled May–July absences based on records; Wheeler exhausted leave; termination lawful where employee cannot return at end of FMLA.	Court: Reconciliation supported; no entitlement to additional FMLA; no evidence of retaliatory intent or causation; summary judgment for JNL.

Key Cases Cited

Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042 (6th Cir. 1998) (excessive absenteeism can render an employee not "qualified" under the ADA)
Brenneman v. MedCentral Health Sys., 366 F.3d 412 (6th Cir. 2004) (attendance requirements may be essential and preclude ADA protection)
E.E.O.C. v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc) (regular, in-person attendance is an essential function of most interactive jobs)
Samper v. Providence St. Joseph Med. Ctr., 675 F.3d 1233 (9th Cir. 2012) (request for ongoing, unpredictable leave unreasonable as accommodation)
Waggoner v. Olin Corp., 169 F.3d 481 (7th Cir. 1999) (employer need not tolerate erratic, unreliable attendance as accommodation)
Corder v. Lucent Techs., 162 F.3d 924 (7th Cir. 1998) (open-ended, unpredictable leave is not a reasonable accommodation)
EEOC v. Yellow Freight Sys., Inc., 253 F.3d 943 (7th Cir. 2001) (regular attendance generally an essential job function)