Southeast ADA Center
2007
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Karen Bryson was employed at a hair salon owned by Regis Corporation. Although she was the store manager, she spent 90 percent of her time cutting hair, requiring her to stand. While at home, Ms. Bryson injured her knee. An orthopedic surgeon recommended physical therapy, but after a few sessions her knee condition worsened and required surgery (scheduled for mid-December of 2003). Ms. Bryson’s supervisor at the hair salon reacted unfavorably to her request for leave. However, Ms. Bryson could not delay the surgery. The day before surgery, Ms. Bryson gave her supervisor and Regis corporate headquarters (“Regis”) a written request for leave under the Family Medical Leave Act (“FMLA”) from December 16, 2003 until January 1, 2004. Regis approved her request.
Unable to return to work on January 1, however, she requested an extension of her leave under the FMLA. Regis granted her request, and she was expected to return to work no later than March 10, 2004 when the 12 week FMLA leave would be exhausted.1 On March 8, Ms. Bryson’s orthopedic surgeon completed Regis’ release form, required by all employees on FMLA leave before returning to work, which indicated Ms. Bryson was unable to return to her required work duties. The surgeon did not indicate Ms. Bryson’s condition was disabling, and did not suggest she could perform “seated” work. Ms. Bryson, however, indicated on the release form that she was unable to perform all prior duties and requested an accommodation for her “temporary disability."
https://adasoutheast.org/court-decisions/bryson-v-regis-corp
Keywords: FMLA, accommodations, employment, legal concepts, public accommodations, qualified individual, reasonable accommodations, retaliation