Bosson Legal Group, in conjunction with the UVA Law Clinic and the law firm of Robbins Russell, has appealed a client’s case to the Supreme Court of the United States. The Petition for a Writ of Certiorari was filed October 23, 2019. This case, which comes from the Fourth Circuit Court of Appeals, concerns the issue of whether federal disability discrimination law generally prohibits employers from taking adverse action against qualified employees and applicants on the basis of conduct caused by their disabilities.
BLG’s client was a high-performing federal employee who struggled with diagnosed depression. Her disability caused her to suffer tardiness and unplanned absences. While working a flexible schedule, she excelled, earning outstanding performance reviews and bonuses; but when her supervisor began asking her to arrive at work by a specific hour, she struggled with tardiness. She took a medical leave of absence to focus on treatment, and when she returned, she was passed over for a job position for which she was qualified and selected by the interview panel, entirely on the basis of her absences and late arrivals. The Fourth Circuit panel acknowledged that they had “no doubt that [petitioner’s] struggle with depression was the cause of her attendance issues,” but concluded that the adverse action against her was not taken because of her disability.
Four of the twelve Circuit Courts of Appeal have held that federal disability discrimination law generally prohibits employers from taking adverse action against qualified employees and applicants on the basis of conduct caused by their disabilities, while just the Fourth Circuit and one other have held that it does not.
BLG hopes that the Supreme Court will accept this case, clear up the confusion among the Circuit Courts on the application of the Federal Disability laws, and protect workers from unlawful discrimination on the basis of disability.