RITA MORRISSEY, AN INDIVIDUAL v. LAUREL HEALTH CARE COMPANY, A FOREIGN PROFIT CORPORATION; OAK HEALTH CARE INVESTORS OF COLDWATER, INC., A DOMESTIC PROFIT CORPORATION - Articles

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RITA MORRISSEY, AN INDIVIDUAL v. LAUREL HEALTH CARE COMPANY, A FOREIGN PROFIT CORPORATION; OAK HEALTH CARE INVESTORS OF COLDWATER, INC., A DOMESTIC PROFIT CORPORATION

Posted by: Karen Belcher on Dec 23, 2019

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Sarah S. Prescott, SALVATORE PRESCOTT & PORTER, PLLC, Northville, Michigan, for Appellant. Christina A. Ginter, KITCH DRUTCHAS WAGNER VALITUTTI & SHERBROOK, Detroit, Michigan, for Appellees.

Attorneys 2:

ON BRIEF: Sarah S. Prescott, SALVATORE PRESCOTT & PORTER, PLLC, Northville, Michigan, for Appellant. Christina A. Ginter, Karen B. Berkery, KITCH DRUTCHAS WAGNER VALITUTTI & SHERBROOK, Detroit, Michigan, for Appellees.

Judge(s): DONALD and STRANCH, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

BERNICE BOUIE DONALD, Circuit Judge. Rita Morrissey is a licensed practical nurse who worked for The Laurels of Coldwater (“Coldwater”), a skilled nursing and rehabilitation center, from 2001 until she quit in 2016. Morrissey alleges that she was under a twelve-hour work restriction due to a disability from 2012 onward, and Coldwater forced her to work beyond that restriction, compelling her to quit.

She sued Coldwater under the Americans with Disabilities Act for discrimination, failure to accommodate, and retaliation. At summary judgment, Morrissey supported her claims with evidence that: (1) she was disabled, (2) Coldwater had a blanket policy of denying all requests for accommodation that were not work-related, (3) Coldwater forced Morrissey to work beyond her medical restrictions, and (4) Coldwater targeted Morrissey after she complained. The district court granted summary judgment to Coldwater on all of Morrissey’s claims. Because there are numerous material factual issues in dispute, we REVERSE and REMAND for trial.

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