Single doctor's note not enough to save employee's ADA case

For the second time, the U.S. 10th Circuit Court of Appeals (which covers Oklahoma employers) recently considered an employee's claim she had been fired in violation of the Americans with Disabilities Act (ADA).

Facts

Jonella Tesone worked for Empire Marketing Strategies and was responsible for setting up displays in grocery stores. In October 2016, while completing a set-up at an out-of-town location, she decided to treat herself to an extra night's hotel stay on her employer's dime, without company approval.

Shortly after the trip, Empire met with Tesone to discuss the unapproved stay and other performance issues. For the first time, she claimed to have a "lifting restriction," which she blamed for negatively affecting her job performance. The employer asked her to provide a doctor's note documenting the limitation.

Despite repeated requests, no doctor's note was forthcoming. In the meantime, Empire coached Tesone about various employment issues.

Finally, in February 2017, Tesone provided a letter from Dr. Brian Manjarres, an out-of-state doctor with whom she had never actually met or consulted. The letter revealed no specific diagnosis but said the employee experienced "muscle weakness" and "back pain." The doctor recommended no overhead lifting and no lifting more than 15 pounds.

Just 11 days later, Empire terminated Tesone's employment, citing various violations of company policies unrelated to the lifting restriction. She then sued, claiming the company discriminated against her because of her disability.