The 10th Circuit Court of Appeals released the following opinion with Colorado ties. Read the summary or entire opinion, below.
EEOC v. A & A Appliance, No. 25-1451 (D.C. No. 1:23-CV-02456-DDD-CYC) (D. Colo.). Plaintiff-Appellant, the Equal Employment Opportunity Commission (“EEOC”), claims that A&A Appliance, Inc. (“Appliance Factory”) violated the Americans with Disabilities Act (“ADA”) by failing to accommodate Karima Javanzad’s request for leave and by terminating her on the basis of her disability and in retaliation for requesting a reasonable accommodation. The district court granted summary judgment in Appliance Factory’s favor on all claims.
On appeal, the EEOC argues that the district court erred by concluding that the EEOC failed to establish a prima facie case under the ADA. First, it contends that it presented sufficient evidence for a reasonable jury to conclude that Ms. Javanzad had a qualifying disability. Second, it argues a reasonable jury could conclude that Ms. Javanzad provided Ms. Coudayre with enough information about her ongoing illness to put Appliance Factory on notice that she had a disability. Third, it asserts that a reasonable jury could find that Ms. Javanzad requested a plausibly reasonable accommodation when she asked Ms. Coudayre for additional leave after her FMLA leave expired.
Although we decline to decide whether Ms. Javanzad created a genuine factual dispute as to whether she had a cognizable disability, we agree with the EEOC’s second and third arguments and hold that a reasonable jury could find that Ms. Javanzad put Appliance Factory on notice of her disabling condition and that her request for additional leave was a plausibly reasonable accommodation request under the ADA. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse the district court’s grant of summary judgment and remand for further proceedings.
Judge Daniel D. Domenico and Magistrate Judge Cyrus Y. Chung
Panel: MATHESON, McHUGH, and FEDERICO, Circuit Judges. (Entered for the Court by Judge McHugh; Judge Matheson entered an opinion concurring in part and dissenting in part.)
Decision: We REVERSE the district court’s grant of summary judgment to Appliance Factory and REMAND for further proceedings consistent with this opinion. Read the opinion.