Takeaway: This case serves as a reminder that the Americans with Disabilities Act (ADA) favors broad coverage, an employee’s burden for establishing a disability is rather low, and an individual does not have to be entirely unable to perform a major life activity to qualify as a person with an ADA disability. The case also shows an accommodation request can be made in good faith and support a retaliation claim, even if an employee also has other reasons, separate from their disability, for making the request.
The 6th U.S. Circuit Court of Appeals ruled that the plaintiff presented sufficient evidence to establish that her night blindness and asthma qualified as disabilities under the Americans with Disabilities Act (ADA) and that she was retaliated against for requesting a reasonable accommodation.
In July 2020, the plaintiff began working for the Shelby County Health Department as a contact tracer during the COVID-19 pandemic, and later as an environmental inspector, a position that required some nighttime driving. Her duties included delivering food and groceries to individuals in quarantine at a local motel, a location she felt was unsafe. Although the plaintiff initially managed to fulfill her job’s night-driving requirements, her ability to see at night deteriorated over time.
On Oct. 4, 2021, the plaintiff was assigned to a solo night shift, which she objected to due to her night blindness and safety concerns. She offered to provide a doctor’s note and documented...
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