Facts

Defendant The Jackson Laboratory is a nonprofit biomedical research organization with a mission to discover the genetic basis for preventing, treating, and curing human diseases.

On May 10, 2010, Defendant hired plaintiff Kelly Keehner to work as an Animal Care Trainee I. Plaintiff was hired as an "at-will" employee for a 90-day introductory period that could be extended by Defendant. Trainees spent approximately two full days each typical workweek conducting animal welfare checks.

In June 2010, Plaintiff reported a right arm and shoulder injury she allegedly sustained while repetitively using forceps to transfer mice between cages. Following the injury, Defendant instructed Plaintiff to pause once an hour to stretch and broke up Plaintiff's daily activities.

On June 23, 2010, Plaintiff's physician instructed her to work more slowly and placed her on modified work duty. Her supervisors accommodated Plaintiff's requests and she was provided alternate duties.

On July 27, 2010, Plaintiff's physician further restricted Plaintiff's ability to work by limiting the use of her right arm and shoulder and prohibiting any reaching above her right shoulder.

On Aug. 6, 2010, Defendant extended Plaintiff's introductory period for an additional 90 days to allow her more time to learn the Trainee I position.

On Nov. 17, 2010, Plaintiff underwent arthroscopic surgery on her right shoulder. Defendant allowed Plaintiff to take medical leave for her surgery and recuperation and informed Plaintiff that it was working to create a schedule to accommodate her restrictions.

When Plaintiff returned to work on Jan. 13, 2011, Defendant presented her with a Notice of Offer of Modified or Alternative Work ("Modified Work Offer") listing a description of duties, activities, and physical requirements of Plaintiff's light-duty position.

Plaintiff's employment with Defendant ended on March 4, 2011.

On May 10, 2011, Plaintiff filed suit against Defendant in state court alleging disability discrimination, failure to reasonably accommodate, failure to engage in interactive process, retaliation, failure to prevent discrimination, retaliation in violation of public policy, and wrongful termination in violation of public policy. On July 25, 2011, Defendant removed the case to federal court

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant The Jackson Laboratory terminated her employment in retaliation for reporting that she was being required to accomplish job tasks in excess of her healthcare provider's restrictions. Plaintiff also contended that she was discriminated against because of her disability, and that Defendant failed to prevent the discrimination. Plaintiff claimed that Defendant did not engage in the interactive process or provide reasonable accommodation for her disability.

DEFENDANT'S CONTENTIONS:
Defendant contended it engaged in an extensive interactive process and provided many forms of accommodation. However, Plaintiff was not able to perform the essential functions of her original job or the temporary modified duty position provided to her, with or without reasonable accommodation. In addition, Plaintiff did not meet the minimum qualifications for any other vacant positions with Defendant.

Result

The court granted Defendant's motion for summary judgment.

Other Information

FILING DATE: May 10, 2011.