Tori Evans v. Cooperative Response Center, Inc.
Arbitration ERISA SocialSecurity
Whether courts can weigh the employer's reason for discharge in determining whether an employee satisfies her prima facie case that she is qualified to perform the essential functions of the job, with or without a reasonable accommodation, in the McDonnell Douglas analysis?
QUESTIONS PRESENTED I. Whether courts can weigh the employer’s reason for discharge in determining whether an employee satisfies her prima facie case that she is qualified to perform the essential functions of the job, with or without a reasonable accommodation, in the McDonnell Douglas analysis? II. Whether notice making the employer aware of circumstances dictating the need for accommodation suffices to trigger the employer’s obligation to engage in the interactive process under the Americans with Disabilities Act (ADA)? III. Whether enforcement of employer policies and federal regulations that deny employees’ entitlement to Family Medical Leave Act (FMLA) leave violates the purpose of the FMLA to take reasonable leave for medical reasons? IV. Whether the Court should resolve the split among the Third, Seventh, and Eighth Circuit Courts of Appeals on when to impart responsibility on employers to seek recertification of FMLA leave estimates and amounts when circumstances change and employer policies lack transparency?