Houston court gives haircut to ADA lawsuit

Employers should always think about how to trim a lawsuit at its outset. This is done through a request to dismiss when the lawsuit is first filed. Look at the allegations and argue that, even if the facts are true, they do not state a claim. Read on for a master class in this technique.

Multiple ADA claims asserted

Rosa Castillo began working for the Department of Justice (DOJ) in Houston in October 2017. In her lawsuit, she claimed that she suffered from a variety of mental impairments that the DOJ failed to accommodate as it is obligated to do under the Americans with Disabilities Act (ADA).

The DOJ struck at several of the peripheral claims.

Claim No. 1: Failure to grant Family and Medical Leave Act (FMLA) leave as a reasonable accommodation. For several months, Castillo hinted to her bosses that she wanted to go on FMLA leave because of her mental impairments. And yes, leave can be a reasonable accommodation to an ADA disability. She claimed, though, that the DOJ delayed granting her leave and thus failed to engage in the interactive process to determine a reasonable accommodation. But generalized suggestions are not requests for FMLA leave.

A close examination of Castillo’s lawsuit showed that once she expressly asked for FMLA leave, she immediately received a Form WH-380-E to fill out and request FMLA leave. Upon completion and submission, she received her FMLA leave without delay. The DOJ did therefore, on the face of her lawsuit, engage in the interactive process.