In Blanchet v. Charter Communications, LLC, (6th Cir., No. 21-5073, 3/8/2022) the plaintiff was terminated from her employment despite receiving verbal approval of extended leave for the development of her postpartum depression. The plaintiff sued under the Americans with Disabilities Act and the U.S. District Court for the Eastern District of Kentucky granted summary judgment to the employer. Upon review, the Sixth Circuit Court of Appeals reversed the trial court, finding a reasonable juror could conclude the employer had failed in the interactive process. The court stated that Blanchet’s employer could not use its failure to speak directly with the plaintiff to argue that her proposed accommodation was unreasonable. The court stated the employer “never spoke directly with Blanchet, decided to fire her before even telling her that the accommodation was unreasonable, and led Blanchet to believe that her accommodation would be approved”. The court noted the employer could not shield itself from liability through failing to interact with the plaintiff.
Sixth Circuit Reverses SJ on ADA Accommodation Claim
