Justice Donna Mills
Technical designer LaCourt sued to recover damages from her ex-employer for alleged disability-based bias. Defendants moved for partial summary judgment dismissal. LaCourt cross-moved for summary judgment, arguing defendants failed to reasonably accommodate her disability. She was diagnosed with breast cancer and informed her supervisor of her diagnosis, including her decision to have a double mastectomy and her scheduled surgery date. The company president, Dal Piaz informed LaCourt that because of the time she would require to recover, the importance of her position, and the adverse effects her absence would have on the business, her employment was being terminated. The court ruled defendants failed to show that LaCourt could perform her job in a reasonable manner with a reasonable accommodation, and that there was no accommodation they could not provide. It noted a temporary leave of absence, even an extended one, could be deemed a reasonable accommodation, stating while an employer was not required to hold a disabled employee’s position open indefinitely, it must consider the feasibility of all possible accommodations, which defendants failed to do. Thus, dismissal was denied.
