DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151248P.pdf 04/01/2016 Javonda Scruggs v. Pulaski County, Arkansas
U.S. Court of Appeals Case No: 15-1248
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Kelly, Author, with Murphy and Benton, Circuit Judges]
Civil case - Employment discrimination. With respect to plaintiff's ADA
and Section 504 discrimination claims, the district court did not err in
determining she was not a qualified individual because she could not meet
one of the requirements of her position - the ability to lift or carry 40
pounds; the evidence supported the defendant's requirement as the job of
juvenile officer requires the officer to lift or restrain juveniles who
weigh more than 40 pounds; plaintiff failed to show that a reasonable
accommodation was available or that the employer was obligated, in the
absence of a reasonable accommodation, to engage in an interactive
process; plaintiff's request for additional time to obtain a new FMLA
certification was not a reasonable accommodation and was not a protected
activity for the purposes of plaintiff's ADA retaliation claim; because
plaintiff could not perform an essential function of her job, the
defendant did not violate the FMLA by placing her on consecutive rather
than intermittent leave or by terminating her when her FMLA leave expired.