Neodata 2009 Full Action

  вторник 09 апреля
      29

ORDER LEWIS T. BABCOCK, Judge. This matter is before me on cross motions for summary judgment filed by Plaintiff Julie Jacobsen [Plaintiff's Motion for Partial Summary Judgment — Doc # 66], and Defendant Dillon Companies, Inc.

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D/b/a King Soopers ('King Soopers') [Motion for Summary Judgment and Brief in Support — Doc #67]. Plaintiff seeks summary judgment in her favor on her sole remaining claim against King Soopers, her former employer, for failing to provide her with reasonable accommodations for her disability in violation of the Americans with Disabilities Act (hereinafter 'ADA'), 42 U.S.C.

§ 12101, et seq. In its motion, King Soopers seeks judgment as a matter of law in its favor and, in turn, dismissal of this case. Oral arguments will not materially aid in the resolution of these motions.

After consideration of the parties' briefs, and for the reasons stated below, I DENY both motions. UNDERLYING FACTS Plaintiff was hired as a Retail Investigator for King Soopers grocery stores on July 7, 2009. After completing her initial training, she began working full-time, as a probationary employee, at King Soopers stores in August 2009. In September of 2009, Plaintiff was diagnosed with breast cancer. On or before September 18, 2009, Plaintiff informed her supervisor, Tom Conlin, of her diagnosis.

On September 30, 2009, Plaintiff told Mr. Conlin that she needed to undergo surgery on October 2, 2009, for placement of a port through which she would receive chemotherapy for treatment of her cancer, and that she would not be able to report to work for the two weeks following her surgery — or until October 16, 2009.

Following her surgery, Dr. Stephen Johs faxed a Physician's Statement to Mr. Conlin on October 5, 2009, confirming that Ms. Plaintiff would not be able to return to work (as they had discussed) for the two weeks following her surgery, or until October 16, 2009. Conlin, in turn, sent this statement to Stephanie Bouknight, the Director of Labor and Employee Relations at King Soopers. At that time, Ms. Bouknight recommended that Plaintiff be terminated as soon as she returned to work on the basis that she was unable to 'fulfill the terms of her probation while she is out.'

On October 13, 2009, in a second Physician's Statement, Dr. Way of the dragon free download. Johs requested that Plaintiff be permitted one additional week off of work for recovery, or until October 23, 2009, and that she 'may [need] time off for chemotherapy.' Conlin received the second statement, he spoke with his supervisor, Ms.