In an unpublished opinion by the U.S. Court of Appeals for the Sixth Circuit, Simon, Trustee for the Chapter 7 Bankruptcy Estate of Yazmin Torres-Duqum, Plaintiff-Appellant, v. University Hospitals Cleveland Medical Center, Defendant-Appellee (Case No. 24-3379)(Jan. 10, 2025), the appellate court reversed the district court's grant of summary judgment to the employer and returned the matter to the lower court for further litigation to resolve a failure to accommodate claim under the Americans with Disabilities Act. 

A former physical therapist and employee, Yazmin Torres-Duqum ("Torres") had a miscarriage and suffered from PTSD, anxiety, and depression. She asked for an accommodation - to transfer to a position at another hospital employer location, which it refused, citing a blanket policy against transfers.

Torres' impairments impacted her ability to sleep, think, concentrate, and interact with others – "major life activities" under the ADA. The appellate court found the district court erred because it found she was not "disabled" because her impairments did not substantially limit her ability to work.

The appellate court explained that the ADA definition of disability is not just a substantial limitation on the ability to work, but whether an impairment substantially limits any major life activity. The circuit court found that there was ample evidence of how her conditions affected her daily life beyond work.

Bottom Line: Blanket policies that preclude consideration of a reasonable accommodation are most likely illegal, and an employer's focus should not be on whether an impairment is a disability, but rather on the interactive process needed to determine a reasonable accommodation.