An analyst who conducted statistical research, wrote reports, and made presentations, fell while exiting a commuter train
Question:
An analyst who conducted statistical research, wrote reports, and made presentations, fell while exiting a commuter train on his way to a client’s facility. He lost his footing and struck both knees against a train platform. He was taken to the hospital, where doctors determined that he had fractured his left leg, tore the meniscus tendon in his left knee, fractured his right ankle, and ruptured the quadriceps-patellar tendon in his right leg. The analyst had to have surgery on both legs. His employer permitted its employees to work remotely if the client approved. The client the analyst was working with preferred contractors to work on-site during business hours, but permitted them to work from home when putting in extra time on a project. Doctors did not allow the analyst to put any weight on his left leg for six weeks and estimated that he would not be able to walk normally for seven months at the earliest. The analyst contacted his employer about working from home as he recovered. The employer agreed to discuss “accommodations that would allow him to return to work,” but suggested that he “take short-term disability and focus on getting well again.” The employer never responded to his request to work from home or offered any other working arrangement. While he was still recovering, he was informed that he had been terminated and another analyst was assigned to the client. Did this employee have a disability? Why or why not? If so, did his employer violate the ADA by refusing his request and terminating him? Why or why not? Summers v. Altarum Inst., 740 F.3d 325 (4th Cir. 2014).
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