No. 21-671

Tori Evans v. Cooperative Response Center, Inc.

Lower Court: Eighth Circuit
Docketed: 2021-11-05
Status: Denied
Type: Paid
Response Waived
Tags: ada americans-with-disabilities-act employment-discrimination family-medical-leave-act mcdonnell-douglas mcdonnell-douglas-framework prima-facie-case qualified-employee reasonable-accommodation
Key Terms:
Arbitration ERISA SocialSecurity
Latest Conference: 2022-01-07
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-02
Waiver of right of respondent Cooperative Response Center, Inc. to respond filed.
2021-11-03
Petition for a writ of certiorari filed. (Response due December 6, 2021)

Attorneys

Cooperative Response Center, Inc.
Scott Michael FlahertyTaft Stettinius & Hollister, Respondent
Tori Evans
Stephen Charles FiebigerStephen C. Fiebiger Law Office, Chtd., Petitioner