First Circuit Finds Termination Of Employee For Inability To Work Rotating Schedule Did Not Violate The Americans With Disabilities Act

Executive Summary: Recently, the United States Court of Appeals for the First Circuit, in Sepulveda-Vargas v. Caribbean Restaurants, LLC, affirmed a lower court's decision in favor of the employer in a lawsuit alleging violations of the Americans with Disabilities Act (ADA), finding that the plaintiff, an assistant manager, was not a "qualified individual" under the ADA based on his inability to work rotating shifts, since the ability to work rotating shifts was an essential job function of the assistant manager position. The Court of Appeals further found that a temporary accommodation, which permitted the plaintiff to work a fixed schedule, did "not mean that [the employer] conceded that rotating shifts was a 'non-essential' function." Finally, the First Circuit found that the employee's claim of a retaliatory hostile environment was properly dismissed, since the district court found that "collectively [the alleged incidents] amount[ed] to nothing more than the petty insults and minor annoyances which are insufficient to constitute an adverse employment action under the ADA." The First Circuit is the federal appeals court with jurisdiction over the federal district courts in Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island.

Background of the Case

Sepulveda-Vargas (Sepulveda) was employed by Caribbean Restaurants, LLC (Caribbean) as an assistant manager. Caribbean operates a chain of fast food restaurants throughout Puerto Rico. During his employment, while attempting to make a bank deposit, Sepulveda "was attacked at gunpoint, hit over the head, and had his car stolen." As a result of the incident he was diagnosed with "post-traumatic stress disorder and major depression." Thereafter, Sepulveda requested, as an accommodation, that he be provided with a "fixed work schedule" and assigned to a location in a lower crime area. Caribbean requires all managers to "rotate among three distinct work shifts." Caribbean initially granted the accommodation, but later informed Sepulveda that he would be required to work rotating shifts like other managers. Sepulveda subsequently resigned and sued Caribbean claiming the company violated the ADA by failing to provide him with a permanent fixed work schedule as a reasonable accommodation and by retaliating against him for requesting a reasonable accommodation, which created a "hostile work environment." The lower court granted Caribbean's motion for summary judgment, finding that...

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