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Viorel Cotuna v. Walmart Stores, Inc.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-2519 · judgment August 31, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Americans with Disabilities Act (ADA), 42 U.S.C. § 12111(10), requires employers to provide reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship. Similar to ADA, Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq., also prohibits discrimination and retaliation against a status based individual who engaged in protected conduct (42 U.S.C. § 12112). The questions presented, on which the circuits have persistently disagreed, is: Whether an employee with a documented disability could be granted a longer and definite amount of medical leave as a reasonable accommodation, absent undue hardship, necessary in this case to participate in training of his/her service dog. Whether an employer should grant an at least equal amount of leave to a disabled employee as concurrently granted to employees in a distinct protected class under the same policy. Whether the courts should consider ADA's requirements that an employer engage in the "interactive process" with a qualified individual with a disability before taking a detrimental employment action.
Counsel of record
For petitioner
Viorel Cotuna
For respondent
Alison M. Day
Littler Mendelson
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 02 2018Petition DENIED.
- Mar 13 2018DISTRIBUTED for Conference of 3/29/2018.
- Mar 12 2018Reply of petitioner Viorel Cotuna filed. (Distributed)
- Feb 26 2018Brief of respondent Walmart Stores, Inc. in opposition filed.
- Jan 16 2018Petition for a writ of certiorari filed. (Response due February 26, 2018)