On July 20, 2026, the U.S. Court of Appeals for the Third Circuit issued a decision emphasizing: (1) employees must clearly and timely articulate a need for accommodation under the ADA, and (2) employers need not excuse misconduct related to or caused by a disability, particularly where the employee identifies the disability for the first time as part of the disciplinary process. Hileman v. West Penn Allegheny Health System Inc., No. 25-1459 (3d Cir. July 20, 2026). In Hileman, the Third Circuit affirmed the district court’s summary judgment in favor of the defendant hospital, emphasizing that disability-discrimination laws are “shields against discrimination, not get-out-of-discipline-free cards.”
Background
The plaintiff worked as a CT technologist for the defendant. About a year into her employment, she was written up for attendance. That disciplinary action included instructions to request accommodations or leaves of absence. Five months later, one of the plaintiff’s coworkers reported to their supervisor that the plaintiff was nodding off and sleeping on duty – a terminable offense under the hospital’s policies. Once questioned by her supervisor, the plaintiff denied sleeping but admitted she may have “shut [her] eyes” because they were dry due to a change in her diabetes medication. This was the first time the plaintiff disclosed that she had diabetes. The plaintiff’s supervisor asked her to write a statement as part of the investigation. Four days later, the...
Executive Summary What’s new: The Seventh Circuit affirmed dismissal of an outsider’s qui tam action under the False Claims Act, outlining a potential path to dismissal where a relator lacks ins...