Viorel Cotuna v. Walmart Stores, Inc.

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.