Kathleen Bray

A recent case involved a social worker for a company that ran dialysis clinics, who had suffered from severe depression, anxiety and sleeping difficulties for many years. Feeling overwhelmed by the demands of a new supervisor, she had her doctor certify that she suffered from a serious health condition and was provided 12 weeks of FMLA leave. Shortly before her scheduled return, she asked for a reduced schedule that would work into a full-time schedule. She was terminated based on the company saying that it no longer needed as many social workers. Two months later the company advertised for a new social worker, and she was not offered the job. Although the court found that she had no disability because her condition did not substantially impair a major life activity, it found that her request for accommodation was a protected activity and could be the basis of a retaliation claim as long as she had a good faith belief that the requested accommodation was appropriate. The timing of her termination also was thought suspect in regard to an FMLA retaliation claim. Pandry v. Bio-Medical Application (D.C. Minn. 2009)