Southeast ADA Center
2008
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Defendant Future Electronics (“Future”) hired plaintiff Jean Mayer in 1991 in Bolton, Massachusetts. In 2003, she underwent treatment for breast cancer. Upon returning to work, Ms. Mayer was subject to lifting restrictions. In 2004, Ms. Mayer was transferred to Southaven, Mississippi, where she initially worked in quality control. This position required lifting packages and Ms. Mayer informed her supervisor of the difficulty she had in doing so. She was reassigned to a repacking position and informed that her supervisor would assist her in lifting heavy packages, however, her supervisor often was unable to do so.
Consequently, Ms. Mayer requested a transfer, and the Vice President of Distributions warned her “to be careful and stop complaining.” Ms. Mayer successfully transferred to a data entry position, which did not require lifting, but did require she stand to type and to hold her arms in an awkward position above shoulder level. Ms. Mayer again informed her supervisor of these difficulties with the data entry position. The supervisor remarked that, “the doctor didn’t say anything about something being wrong with your legs.”
In 2005, Ms. Mayer applied for and received a transfer to customer service, where she remained until her termination seven months later for disruptive behavior. At no point prior to termination had Ms. Mayer been cited or formerly counseled for any behavioral problems. Ms. Mayer brought suit alleging that Future failed to provide her with a reasonable accommodation, and discriminated against her on the basis of disability, by treating her less favorably than employees without disabilities. Ms. Mayer also claimed that Future retaliated against her requesting an accommodation.
https://adasoutheast.org/court-decisions/mayer-v-future-electronics-gp-corp
Keywords: discrimination, employment, legal concepts, pretext