Failure to accommodate nonwork-related restrictions may be ADA violation

The U.S. 6th Circuit Court of Appeals, which covers Ohio and Michigan as well as Kentucky and Tennessee, reversed dismissal in the employer's favor after the employee resigned because the company denied her request to accommodate a 12-hour work restriction.

Facts

Rita Morrissey worked as a licensed practical nurse (LPN) for The Laurels of Coldwater, a skilled nursing and rehabilitation center. In 2012, Morrissey reported she had a medical restriction that limited her from working more than 12 hours per shift, which was supported by a physician's note. At about the same time, the center informed staff it would not accommodate medical conditions that weren't the result of a work-related injury.

Between 2012 and January 30, 2016, Morrissey worked shifts longer than 12 hours on eight occasions. There was no evidence, however, that Coldwater mandated the longer shifts. Rather, Morrissey's time records indicated she clocked out no more than 15 minutes after the end of the scheduled 12-hour shifts.

Morrissey's requested accommodation became an issue on January 31, 2016, when Coldwater mandated her to work a 13.5-hour shift. The LPN testified she informed her manager of the 12-hour work restriction, but the manager responded she had “no control” over the situation.

Five days later, Coldwater again ordered Morrissey to work more than 12 hours—scheduling her for a 16-hour shift to cover for a nurse who had called off work. Morrissey testified it wasn't her turn to be mandated. She walked off the job during the shift and didn't return.