Southeast ADA Center
2012
Download Publication
Plaintiff Sherry Ross is a former dental assistant with the Jefferson County Department of Health (“Health Department”). She was fired after failing to return to work after taking an approved medical absence under the Family and Medical Leave Act (“FMLA”). Ross submitted a doctor’s note stating that she was able to return to work on February 19, 2009. The Health Department informed her in a termination letter that her approved leave of absence ended on February 16, 2009. The letter stated that the Health Department could not approve additional leave because of the “critical nature” of her position and that she was terminated for failing to return to work.
Ross filed a complaint of discrimination based on her disability, fibromyalgia, under the Americans with Disabilities Act (“ADA”) and based on race under Title VII. She alleged that the Health Department refused her request for reasonable accommodation by denying her request for light duty and firing her for using leave under the FMLA. The Health Department argued that it is a state entity and as such is immune to Ross’s disability suit under the Eleventh Amendment. The Health Department also argued that Ross failed to request reasonable accommodations. In response to the allegation of racial discrimination, the Health Department argued that Ross could no longer assert this claim after admitting during a deposition that race was not related to her termination. Finally, the Health Department asserted that it had a legitimate, non-discriminatory reason to terminate Ross.
Ross responded that the Health Department was not entitled to immunity and that she had submitted enough evidence to support a case of disability or racial discrimination. The United States District Court for the Northern District of Alabama held that the Health Department was immune from Ross’s suit under the ADA and that Ross failed to request reasonable accommodations. It also held that Ross waived her claim to racial discrimination under Title VII. Ross appealed to the Eleventh Circuit Court of Appeals.
https://adasoutheast.org/court-decisions/ross-v-jefferson-county-dept-of-health
Keywords: Americans with Disabilities Act, employment, enforcement, legal concepts, sovereign immunity, state & local government