Title: Karen SUMMERS, Plaintiff, v. MIDDLETON REUTLINGER, P.S.C., Defendant
Court: United States District Court, W.D. Kentucky, at Louisville
Case Number: Civ.A. 3:99CV-85-S.
Date: Jun 20, 2002
Fact:
- The plaintiff, who worked as a legal secretary for the defendant, claimed she had a disability that substantially limited her ability to work.
- Plaintiff informed her employer about her suspected learning disability and requested time off for neurological tests.
- Defendant offered plaintiff an alternative position after she took leave due to stress, which she refused.
- Plaintiff subsequently received a letter from the defendant stating her refusal to accept the offered position constituted voluntary resignation.
- Plaintiff filed a complaint alleging disability discrimination under the Kentucky Civil Rights Act (KCRA) and violation of the Family and Medical Leave Act (FMLA).
Issue:
- Whether the plaintiff’s claims of disability discrimination under the KCRA and violation of the FMLA have merit.
Decision:
- The court found that the plaintiff failed to establish that she was disabled under the KCRA.
- The plaintiff did not demonstrate she was substantially limited in any major life activity necessary to be considered “disabled” under the KCRA.
- The defendant’s actions, such as offering paid medical leave and attempting to accommodate the plaintiff’s stress, did not necessarily indicate they regarded the plaintiff as having a substantially limiting impairment.
- Plaintiff’s FMLA claim regarding retroactive designation of leave was invalidated by legal precedent, and plaintiff failed to demonstrate harm resulting from the violation.
- Therefore, defendant’s motion for summary judgment was granted on both the KCRA and FMLA claims.