In Casteel v. Charter Communications, Inc., No. C13-5520 RJB (W.D. Wash. Oct. 23, 2014), a federal judge in Western Washington denied the employer’s motion for summary judgment under the Americans with Disabilities Act despite the fact that the employee has been unable to work since July 2009.
The employer hired Mary Casteel in September 2007. In November 2008, she fell ill and was diagnosed with fibromyalgia. She requested and was granted intermittent leave under the FMLA or Family Medical Leave Act. In July 2009, Casteel was diagnosed with a form of cancer and started chemotherapy. She requested a medical leave from July 14 to August 15 to undergo treatment. Her doctor certified that her anticipated return date was August 15. She was not able to return on that date and her doctor extended her return date. Because the company’s policy was not to grant more than two 30-day leaves in a twelve-month period, the employer terminated Casteel’s employment.