On
"Martin Marietta owns and operates quarries at which it mines and refines natural resource-based building materials." Brown worked for Martin Marietta from
Brown has had epilepsy since childhood, which he controls with medication. In
During Brown's FMLA leave, his mother contacted Martin Marietta's human resources (HR) department to inquire about his eligibility for long-term disability benefits and available accommodations. The HR department encouraged Brown's mother to apply for long-term disability benefits on his behalf, and responded to the accommodation inquiry by advising that Brown's doctor stated he could not work. Brown also spoke with the safety manager about work he could perform between the expiration of his FMLA leave and the conclusion of the six-month driving restriction, including "to work and do the maintenance, be on the ground, wash down, weld, run the scales." The safety manager repeatedly explained that the work Brown described "wasn't a job title" and that there were no openings for work that Brown could perform.
Martin Marietta "evaluated whether Brown could transfer to any other vacant job" but concluded that "Brown was not qualified for any position" that was "geographically proximate to" his original job site. "All but one position required the operation and driving of heavy machinery," and that one required prior "supervisory or leadership experience," which Brown lacked. Martin Marietta also stated that it could not reassign Brown's truck driving responsibilities without "disrupt[ing] [the company's] operations."
Ultimately, Martin Marietta terminated Brown's employment following the expiration of his FMLA leave, in accordance with its "policy and practice to terminate the employment of individuals who do not return to work after their approved medical leave has ended if there are no reasonable accommodations available that would enable the employee to return to work."
As to
The court held that "reassigning an employee to a vacant position may be a reasonable accommodation" and noted that Brown "was willing to work at" any of the 30 facilities between
The court also considered whether Brown's proposed accommodations would have created an "undue hardship" on Martin Marietta. In its analysis, the court considered that "Martin Marietta has 'over 8,500 employees in 27 states,
Ultimately, the court concluded there was "a genuine dispute of material fact as to whether any of Brown's accommodations that may be reasonable cause Martin Marietta undue hardship in light of the operations of Martin Marietta, the nature and cost of the accommodation, the financial resources of the [] facility and the company as a whole, the number of employees at each facility, and the number and location of the company's other facilities."
Additionally, the court held there was "a genuine dispute about whether Martin Marietta met its obligation to participate in the interactive process to identify a reasonable accommodation." In so holding, it highlighted evidence that the company did not give Brown a "straight answer," "kind of left [the subject] hanging," and on occasion did not respond to him. The court noted that "although [the company] did communicate with Brown and his mother during his absence, a jury could find from the substance of the communications and, at times, the absence of communication, that Martin Marietta breached its duty of good faith to engage with Brown in an interactive process."
As to Brown's disability discrimination claims, the court held that "[t]here is no dispute that Brown had a disability" and "that Martin Marietta terminated him . . . at the expiration of his FMLA leave because he could not drive a truck." The court held, however, that "there are genuine disputes of material fact as to" "whether Brown was a qualified individual at the time of his termination" and "whether there were reasonable accommodations available" to Brown.
Regarding Brown's FMLA retaliation claim, the court largely relied on his failure to oppose summary judgment on that claim and noted that "[t]here is no record evidence to show that this proffered [reason for termination]"—namely, because he could not return to work at the expiration of his FMLA leave—"is pretextual." Consequently, the court granted summary judgment as to that claim.
Finally, the court held that Brown's wrongful discharge claim failed on jurisdictional grounds "because it arises from the same facts and circumstances as his
Employers may want to heed this decision for many reasons. First, the size of a company and the amount of revenue it generates factor into the undue hardship analysis, such that while an accommodation might create an undue hardship on one particular location, it might not create an undue hardship on the company as a whole. Second, it is helpful for employers to be responsive during the interactive process because doing so could avoid a finding that the employer dropped the ball in the process. Both parties—the employer and the employee—have a duty to engage in the interactive process in good faith. Third, regarding reasonable accommodations, employers with multiple locations may want to consider alternative jobs at various locations, rather than focusing on available jobs at the job site at issue or within a narrow geographical scope. Fourth, while indefinite leave is not generally considered a reasonable accommodation, finite leave could be, even when there is evidence that future leave may be required. Finally, as always, periodically review job descriptions to ensure they explicitly list essential functions of the positions at issue and are an accurate reflection of what the job entails. Job duties and positions evolve, and while job descriptions may not be dispositive in determining whether a particular job duty is essential for the
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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