Seyfarth Synopsis: In an ADA action regarding
disability discrimination, the Fifth Circuit reversed a District
Court's grant of summary judgment in favor of the employer and
against the EEOC, noting that even though the charging party
indicated she had a temporary total disability on a disability
insurance claim form that she submitted the day after her
termination, factual issues remained regarding the availability of
a reasonable accommodation. The ruling underscores the nature and
challenge of EEOC litigation of ADA claims.
In an ADA disability discrimination action brought by the EEOC
on behalf of a nurse against her employer healthcare facility, the
U.S. District Court for the Southern District of Mississippi
entered summary judgment in favor of the employer after finding
that the charging party was not able to perform her job duties in
light of the fact that she described herself as "totally
disabled" when making a disability insurance claim. Following
the
