6th Circuit reverses dismissal of Nissan worker's disability claims

Under the Americans with Disabilities Act (ADA), employers are charged with engaging in the "interactive process" with disabled employees. As part of the process, the parties must work cooperatively to determine whether the employer may provide a "reasonable accommodation" that would allow the employee to continue working without presenting an "undue hardship." In a recent case, the 6th Circuit—which oversees federal court cases in Tennessee, Kentucky, Ohio, and Michigan—considered whether Nissan North America, Inc., failed to engage in the interactive process and provide a reasonable accommodation in violation of the ADA.

Facts

In 2003, Michael Fisher began working as a "Fits rotation" production technician on Nissan's factory floor in Rutherford County, Tennessee, primarily attaching doors, hoods, and trunks to new motor vehicles. Years later, he developed a severe kidney disease, and in 2016, he took extended leave to undergo a kidney transplant. The daily antirejection medication he took after the transplant made him feel very fatigued. Although he was cleared to return to work in October 2016, he found it difficult to perform his job.

Based on his doctor's advice, Fisher was placed on brief leave and then returned to the Fits rotation. He continued to feel weak and missed work frequently for doctor's appointments, but he was out of leave and was disciplined for his absences.