Background
Marcus Hayes, appearing pro se, worked as a custodial employee for Shawnee County through a staffing company. He informed his supervisors of a traumatic brain injury that limited his monthly work hours to preserve his eligibility for Social Security disability benefits. The County initially allowed him to bank excess hours but later stopped the arrangement. When it became clear he could not perform the essential functions of the job with his hours restriction, his placement ended. He filed complaints with the Kansas Human Rights Commission and the Equal Employment Opportunity Commission, which found no probable cause. He then sued the County and the staffing company under the Americans with Disabilities Act. The district court granted summary judgment for the County and dismissed the claim against the staffing company as untimely.
The court’s reasoning
The Court of Appeals reviewed the summary judgment de novo. The court noted that even assuming the plaintiff was disabled and the County knew of his disability, he failed to establish a prima facie case. To be qualified under the Americans with Disabilities Act, an individual must be able to perform the essential functions of the job with or without reasonable accommodation. The court found that the plaintiff could not demonstrate he could perform the essential functions of the custodial position while working part-time. Additionally, the court found no evidence that the plaintiff was discharged because of his disability, as the staffing company offered him an alternative assignment that accommodated his hours restriction, which he declined. The court also affirmed the dismissal of the claim against the staffing company, noting the plaintiff waived appellate review of that ruling by failing to adequately address it in his opening brief.
What it means going forward
This decision reinforces that plaintiffs in ADA cases must prove they can perform the essential functions of their job, even with a proposed accommodation like a part-time schedule. It also underscores the strict deadlines for filing claims against staffing agencies under the Americans with Disabilities Act.
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