Employer-Employee: ADA-Failure to Accommodate-Summary Judgment

Plaintiff appealed the adverse summary judgment in her ADA action. Plaintiff, a registered nurse, suffered a work-related injury and developed reflex sympathetic dystrophy, which caused various symptoms. Plaintiff sought a medical exemption from defendant’s COVID-19 vaccination requirement, asserting that vaccines could cause a flareup of her RSD symptoms. Plaintiff had previously received an exemption for MMR vaccines. Defendant denied plaintiff’s request, even though plaintiff’s role allowed her to work from home. After plaintiff was terminated, she filed suit alleging failure to accommodate.

Where a vaccination requirement did not constitute an essential job junction and where plaintiff’s position involved no in-person patient care but could be performed entirely from home, plaintiff adequately stated a failure to accommodate claim where the evidence showed that defendant was on notice that vaccinations could cause flareups of plaintiff’s RSD and had previously granted exemptions from vaccination.

Judgment is reversed and remanded.

Kilmek v. CentraCare Health System (MLW No. 84934/Case No. 25-1837 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, District of Minnesota, Provinzino, J. (Andrew David Parker, Minneapolis, MN for appellant; Joseph Alan Pull, Minneapolis, MN on the brief) (Sara Gullickson McGrane, Minneapolis, MN for appellee; Zachary Aaron Alter, Minneapolis, MN on the brief)