By Kate McGovern Tornone, Editor
A recent ruling by the 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has found that an employee who cannot explain discrepancies between her Americans with Disabilities Act (ADA) accommodation request and her Social Security Disability Insurance (SSDI) application cannot bring a disability discrimination claim against her employer.
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While employees in other cases have successfully explained away such inconsistencies, the plaintiff in Stallings v. Detroit Pub. Schs., No. 15-2428 (6th Cir. July 28, 2016), could not show how she was both totally disabled for SSDI purposes but able to return to work in 4 months for ADA purposes.
Facts of the case
Phyllis Stallings worked as a prekindergarten and kindergarten teacher for Detroit Public Schools (DPS). After DPS reassigned her to teach fifth grade, she aggravated a pre-existing osteoarthritic knee condition while breaking up a fight between students. She submitted a doctor’s note stating that she could not stand for longer than a minute and required a sit-down job on the school’s first floor. A second note clarified that she should perform “no classroom” work.
The school transferred Stallings to an administrative desk job for the rest of the school year and when school ended, she had a total knee replacement.
When school started again in the fall, DPS assigned Stallings to a teaching position. She informed the employer that she was still recovering from surgery and needed time off. It provided her with Family and Medical Leave Act (FMLA) paperwork and she returned it, requesting 4 months’ leave. Her doctor also noted that when Stallings returned to work, she would need a sit-down job that was not in a classroom.