Garrison v. Dolgencorp, LLC, No. 18-1066 (8th Cir. 2019)
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Plaintiff filed suit against Dollar General after the company denied her request for a leave of absence due to a medical condition, alleging claims under the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), and state law.
The court reversed the district court's dismissal of plaintiff's ADA claim and held that a reasonable jury could conclude that Dollar General was aware of her disability; that she requested an accommodation; and that Dollar General, had it engaged in the interactive process, could have reasonably accommodated her. However, plaintiff's remaining claims failed because she could not show defendants' actions amounted to retaliation and she failed to follow the steps Dollar General had established for requesting FMLA leave.
Court Description: Stras, Author, with Smith, Chief Judge, and Benton, Circuit Judge] Civil case - Employment discrimination. In this Americans with Disabilities Act action, a reasonable jury could conclude Dollar General was aware of plaintiff's disability, that she asked for an accommodation and that Dollar General, had it engaged in the interactive process, could have reasonable accommodated her; as a result, plaintiff established enough to survive a summary judgment motion on her ADA claim; however, she failed to establish unlawful retaliation under the ADA, the Missouri Human Rights Act and the Family Medical Leave Act as neither defendants' actions amounted to retaliation; plaintiff failed to follow the steps Dollar General had established in its employee handbook for requesting Family Medical Leave Act leave and lost any right she had to FMLA leave. [ October 01, 2019
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