Downtown Lawyer

Peyton v. Fred’s Stores of Arkansas, No. 08-2346.

After attending a three-week management training course, plaintiff assumed her position as the store manager of Fred’s in Heber Springs, Arkansas, on January 6, 2006.  After working at the store for two days, plaintiff experienced pain in her abdomen, consulted her physician, and learned she had ovarian cancer.  She underwent surgery on January 12, 2006, followed by sixth months of chemotherapy.

On January 9, 2006, plaintiff notified Fred’s area manager that she was being hospitalized for cancer treatment and did not know when she could return.  The area manager conferred with the regional vice-president, and they decided to replace plaintiff.  On January 14, 2006, the area manager told plaintiff that they were letting her go.

Plaintiff brought suit against Fred’s, arguing that Fred’s had violated the Americans with Disabilities Act (“ADA”) by not providing her with reasonable accommodation during her disability.  Fred’s moved for summary judgment and asserted that plaintiff was unable to come to work at all and was, therefore, not “otherwise qualified” to perform the essential functions of her job.  The trial court agreed.

On appeal, the Eighth Circuit noted that if a person cannot perform any functions of her job, with or without reasonable accommodation, the person is not, as a matter of law, considered “otherwise qualified” under the ADA.  The court stated that “employers should not be burdened with guess-work regarding an employee’s return to work after an illness.”  Accordingly, the court affirmed the trial court’s grant of summary judgment.