KS case shows perils of 'pretext' in explaining discipline, termination decisions

A recent Kansas federal court decision provides a good reminder of the importance of engaging in the interactive process when you're dealing with disability accommodation requests. The ruling also highlights the perils of "pretext"? (or false excuses) when articulating nondiscriminatory reasons for disciplining an employee.

Facts

Gracelynn Howard started working for Walmart as a pharmacy manager in 2007. In January 2017, a physician completed an accommodation request form on her behalf, stating she needed a chair with a back and automated window shutters as accommodations for a disability. Her manager provided the chair and instructed her to ask a staff member for help with the shutters. Howard then got a new manager, Caleb Magee.

In June 2017, Howard took Family and Medical Leave Act (FMLA) leave for back surgery. She said Magee contacted her on numerous occasions during the leave to see when she would return to work. Coworkers also contacted her to say the supervisor was angry and frustrated because she hadn't yet returned.

When Howard returned from leave, she asked Magee to avoid scheduling her with consecutive 12-plus-hour shifts. She said he simply denied the request without further discussion and stated the schedule "is what we're working with."?