Federal Update: Seventh Circuit Concludes Neck and Back Flare-Ups Amount to ADA Disability.



Posted: Tuesday, January 25, 2011

by Crystal O'Brien
MMC Inc.

In EEOC v. AutoZone, Inc. (12/30/2010), the Seventh Circuit Court of Appeals reviewed whether a trial court’s decision to dismiss a matter on summary judgment motion, against the EEOC, due to failure to substantiate an ADA disability. In AutoZone, parts sales manager John Shepherd consistently experienced missed time off from work until his employer forced him to take a one-year medical leave of absence. The employer’s goal allegedly was to have Shepherd sit out until he was able to return to work without medical restrictions. However, Shepherd contended that he was disabled under the ADA and AutoZone had a legal obligation to accommodate his restrictions and allow him to return to work.

In concluding that Shepherd was in fact “disabled” for purposes of imposing a duty on AutoZone to reasonably accommodate his limitations and allow him to work, the Seventh Circuit evaluated the frequency of complaints and the home care treatment and impact Shepherd’s condition had on his life. Finding Shepherd disabled resulted in the appeals court reversing the trial court’s decision to grant a summary judgment motion which is only possible if no genuine material facts exist to substantiate claims presented by a moving party. Here, the appeals court found that sufficient evidence did exist in which Shepherd (or the EEOC on Shepherd’s behalf) should be allowed to proceed with the lawsuit seeking damages against AutoZone.

Key to this case is recognizing that the totality of circumstances surrounding an alleged medical condition or disability claim must be weighed. Determining whether an employee is or is not disabled does not alone rest on whether there are medical opinions to substantiate claims. Employers must not be hasty in this area as the ADA is to be interpreted broadly. To review this interesting decision, click: here
Crystal M. O'Brien, Esq. serves as MMC's Employment Law Manager/Corporate Counsel. After receiving a double-degree in psychology and sociology from Oberlin College in 1988, Ms. O'Brien earned a workers' compensation insurance claims adjusting license in 1991. She completed post-graduate studies in Human Resources Management at Portland State University's Graduate School of Urban & Public Affairs from 1996-1998 and earned a Juris Doctorate and Certificate in Dispute Resolution from Willamette University College of Law in 2001. Immediately following law school, Ms. O'Brien served as a judicial clerk to the Honorable Faith Ireland (ret.) of the Washington State Supreme Court. She is licensed to practice law in California Washington as well as before U.S. District Courts in each state. Collectively, Ms. O'Brien has 19 years of litigation experience.

To view her complete bio click here.

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