Wednesday, February 6, 2013
Those of you who know me, know that I am into pens. Well, we all have our vices! That is why this case caught my eye. The former manager of a high-end California pen store who was fired after requesting four months of medical leave because of psoriatic arthritis failed to show the decision was discriminatory because she was unable to perform the job's essential duties.( Lawler v. Montblanc N. Am. LLC, 9th Cir., No. 11-16206, 1/11/13).
Plaintiff admitted that her duties as manager of Montblanc's Valley Fair Shopping Center store only could be performed on-site and that her arthritis-related symptoms prevented her from doing the job. As a result, Judge Duffy finds that her requested accommodations—a shorter workweek and four months of leave—would not allow her to perform the job's essential functions.
The decision can be found here.
Mitchell H. Rubinstein