No. 23-1354

Jamilah Abdul-Haqq v. Permanente Medical Group, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2024-06-28
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: americans-with-disabilities-act duty-of-fair-representation employment-discrimination fair-employment-and-housing-act interactive-process post-traumatic-stress-disorder reasonable-accommodation reasonable-accommodations
Key Terms:
AdministrativeLaw Arbitration ERISA DueProcess
Latest Conference: 2024-11-22 (distributed 2 times)
Question Presented (AI Summary)

Do the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) necessitate employers and unions to engage in an interactive process and offer reasonable accommodations for Registered Nurses with disabilities like Post-Traumatic Stress Disorder (PTSD) who have requested an accommodation prior to termination?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The basis for the Grant of Certiorari is that the lower court’s error regarding individuals with disabilities : has fundamental legal significance and may impede the effectiveness of federal and state statutes. a. Do the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) necessitate employers and unions to engage in an interactive process and offer reasonable accommodations for Registered Nurses with disabilities like PostTraumatic Stress Disorder (PTSD) who have requested an accommodation prior to termination? In this context, are the duty of fair representation obligations adequately fulfilled when unions only attend meetings and propose ; settlements but neglect to address a member’s concerns regarding requested accommodations and facilitate members’ participation in arbitration hearings? b. This case highlights a critical, recurring Fourteenth Amendment issue with notable implications that may affect the effectiveness of a federal and state statute. Additionally, it raises questions about whether an employer or union can neglect their legal obligations toward Registered Nurses and subsequently pursue disciplinary actions. The central inquiry revolves around , whether the employee’s complaints give rise to disciplinary ~~ actions that are warranted or retaliatory in nature due to failure to uphold legal obligations toward nurses?

Docket Entries

2024-11-25
Rehearing DENIED.
2024-11-06
DISTRIBUTED for Conference of 11/22/2024.
2024-10-29
2024-10-07
Petition DENIED.
2024-08-14
DISTRIBUTED for Conference of 9/30/2024.
2024-07-25
Waiver of right of respondent California Nurses Association to respond filed.
2024-07-08
Waiver of The Permanente Medical Group, Inc. of right to respond submitted.
2024-07-08
Waiver of right of respondent The Permanente Medical Group, Inc. to respond filed.
2024-06-26

Attorneys

California Nurses Association
Krysten B. SkogstadCalifornia Nurses Association, Respondent
Krysten B. SkogstadCalifornia Nurses Association, Respondent
Jamilah Abdul-Haqq
Jamilah Abdul-Haqq — Petitioner
Jamilah Abdul-Haqq — Petitioner
The Permanente Medical Group, Inc.
David Carrillo CasarrubiasHanson Bridgett LLP, Respondent
David Carrillo CasarrubiasHanson Bridgett LLP, Respondent