Southeast ADA Center
2010
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On January 20, 2000, Uneek Lowe (plaintiff-appellee) was hired by Hamilton County Department of Job and Family Services (“HCJFS”) as a Medicaid eligibility technician. Lowe has a history of depression and in 2002, she was diagnosed with Attention Deficit Hyperactivity Disorder (“ADHD”). In May 2003 Lowe requested that HCJFS grant her reasonable accommodations for her disability.
On June 10, 2004, Lowe filed a charge of discrimination against HCJFS, with the Equal Employment Opportunity Commission (“EEOC”), alleging race discrimination, disability discrimination and retaliation claims. On November 4, 2004, the EEOC issued Lowe a “right-to-sue” letter based on her complaint. On December 15, 2004, Lowe filed an additional charge of discrimination with the EEOC, alleging retaliation following her initial complaint. Lowe commenced this action pro se in federal District Court on February 23, 2005, based on her initial EEOC complaint and the “right-to-sue” letter. On June 3, 2005, the EEOC issued a second “right-to-sue” letter to Lowe, based on her second charge of discrimination.
On July 6, 2005, HCJFS terminated Lowe while she was out on one of several leaves pursuant to the Family and Medical Leave Act (FMLA). This termination came after an unfavorable performance review, two transfers (to similar positions), and a disciplinary proceeding, as well as two years of clashes between Lowe and her supervisors, and a general deterioration of Lowe’s working relationship with them. Following her termination, Lowe amended her complaint to include allegations regarding her termination and a number of additional claims. HCJFS filed a motion to dismiss, or alternatively a motion for summary judgment, arguing, in part that it was an arm of the State of Ohio, entitled to Eleventh Amendment sovereign immunity on all of Lowe’s claims.
The District Court did grant HCJFS summary judgment on a number of Lowe’s complaints, but ultimately concluded that HCJFS was not entitled to sovereign immunity. Additionally, they denied summary judgment on Lowe’s disability discrimination and retaliation claims. HCJFS appealed the District Court’s denial of summary judgment on the disability discrimination and retaliation claims.
https://adasoutheast.org/course-decisions/lowe-v-hamilton-county-department-of-job-and-family-services
Keywords: ADA Title I, accommodations, reasonable accommodations, sovereign immunity, state & local government