No. 24-400

Jennifer Tom v. Martin J. O'Malley, Commissioner of Social Security

Lower Court: Ninth Circuit
Docketed: 2024-10-09
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: americans-with-disabilities-act disability-discrimination employment-rights ninth-circuit-review reasonable-accommodation rehabilitation-act
Key Terms:
SocialSecurity JusticiabilityDoctri Jurisdiction
Latest Conference: 2025-02-28 (distributed 2 times)
Question Presented (AI Summary)

Can the Supreme Court allow the Ninth Circuit's decision to stand in a case involving termination of a disabled employee by the Social Security Administration for taking sick leave during a reasonable accommodation process, potentially undermining disability rights protections?

Question Presented (OCR Extract)

QUESTION PRESENTED Federal Rule 50 requires a court to make a decision when a party has presented all their evidence on an issue, and there is not enough legal evidence for a reasonable jury to find in favor of that party on that : issue. The standard for making this decision under Federal Rule 50 is similar to the standard for summary judgment under Federal Rule 56. Federal Rule 56 the court must carefully review all the evidence in the record, drawing all reasonable inferences in favor of the nonmoving party, but making-no credibility determinations or weighing ; any evidence. Lytle v. Household Mfg., Inc., 494 U. S. 545, 554-555. Fed. R. Civ. P. 52(a) ("In all actions tried upon the facts without a jury . . ., the court shall find facts specifically and state separately its i conclusions of law thereon"). Addressing all conflicting evidence in the court’s findings and conclusions. The Americans with Disabilities Act became law in 1990 and provides civil rights to all individuals with disabilities and guarantees equal access to opportunity in employment and all benefits of employment, transportation, public accommodations, state and local government, and telecommunications for individuals with disabilities. _ The Rehabilitation Act of 1973 was the United States' first major federal disability rights law. The law opened doors for many qualified individuals with disabilities to enter, for the first time, the federal workforce. The Rehabilitation Act of 1973, as Amended (Rehab Act) prohibits discrimination on the basis of disability in programs conducted and funded ii ; by the Federal government (504) and it covers discrimination in Federal employment, andinthe employment practices (501 & 503). Cir. Rule 30-1.3: No Excerpts Required for ProSe ~ Party: A party proceeding without counsel need not : file excerpts. If such a party does not file excerpts, , counsel for appellee or respondent must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. 1) Can the Court allow the U.S. Court of Appeals for the Ninth Circuit decision to stand in Tom v. Social Security Administration where the U.S. Court of Appeals for the Ninth Circuit found that an employer can fire a qualified disabled employee for taking leave while waited for the Social Security Administration to approve Tom’s (Appellant in pr se) requests for an effective reasonable accommodation . for example full-time telework, the Social Security . Administration fired Tom (Appellant in pro se) for . ; taking sick leave while working with Social Security Administration in the Reasonable Accommodation interactive process for the conduct of taking sick leave that results from her disabilities despite the fact the courts have found ruled that “terminate an employee for conduct that results from a disability is equivalent to terminating an employee based on the disability itself because ‘conduct resulting from a disability is considered to be part of the disability, rather than a separate basis for termination.’ Humphrey v. Mem'l Hosps. Ass'n, 239 F.8d 1128, 1139-40 (9th Cir. 2001).”? 2) Can the Court allow the U.S. Court of Appeals for the Ninth Circuit decision to stand in Tom v. Social Security Administration where the U.S. Court of Appeals for the Ninth Circuit found that an employer need not provide an effective reasonable accommodation just an accommodation rendering of the protection provided by the Americans With Disabilities Act and the protections under of the Rehabilitation Act of 1973 (Rehab Act) worthless, ineffective and powerless to protect qualified disabled employees thus hindering qualified disabled employees from gainful employment? 3. Can the Court allow the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) decision in Tom (Appellant in pro se) v. Social Security Administration (SSA) to stand,

Docket Entries

2025-03-03
Rehearing DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2024-12-30
2024-12-09
Petition DENIED.
2024-11-13
DISTRIBUTED for Conference of 12/6/2024.
2024-11-08
Waiver of O'Malley, Martin of right to respond submitted.
2024-11-08
Waiver of right of respondent O'Malley, Martin to respond filed.
2024-09-13

Attorneys

Jennifer Tom
Jennifer Tom — Petitioner
Jennifer Tom — Petitioner
O'Malley, Martin
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent