The Decision
Timethia Brown worked for Advanced Concept Innovations, LLC (ACI), a packaging and manufacturing company, in a clerical job, that primarily required her to work at her desk in the office, but that also required her to work on the production floor up to twenty percent of her working time. Brown developed a condition that caused her to produce an excessive amount of saliva and asked ACI to allow her to use a “spit cup” while working at her desk and to excuse her from working on the production floor, where sanitation and cleanliness requirements prohibited her from spitting in a cup. ACI allowed her to use a spit cup at her desk, but it did not excuse her from working on the production floor because it determined that doing so was an essential function of her job. Because ACI determined that Brown could not perform that duty with or without a reasonable accommodation, it terminated her employment.
Brown subsequently filed a lawsuit alleging that ACI had violated the disability-discrimination provisions of the Florida Civil Rights Act. A jury found that working on the production floor was not an essential function of Brown’s job and found in her favor. Applying ADA regulations and cases to Brown’s state-law claim, the Eleventh Circuit affirmed the jury’s decision, relying principally on three facts. First, Brown worked on the production floor at most only twenty percent of the time. Second, other employees could perform her work in that area. Finally, although...
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