In March 2006, Lindsay Fleck suffered a chronic ankle injury, resulting in her inability to stand for prolonged periods of time or walk significant distances. In August 2007, she began working at the Attleboro Nursing and Rehabilitation Center as a part-time employee. At the time she was able to meet her job requirements with the use of a walking cast on her leg. In November 2008, Fleck had surgery on her leg and utilized FMLA leave until it ran out in February 2009. Prior to her scheduled return to work, Fleck obtained a doctor’s note indicating that she could work four hours each day as opposed to her previous eighthour day. The note further explained that she could gradually increase her hours to a full eight-hour day over the course of six weeks. Fleck’s supervisor informed her that she would be terminated if she could not work eight hours each day she was scheduled to work immediately upon her return. Fleck then submitted an alternative suggestion from her doctor that indicated she could work for eight hours if she took a break every hour. In the absence of either of the previous two accommodations, Fleck requested to take unpaid leave until she was able to return for her full eight-hour shifts. Attleboro refused to consider any alternative to a full return to work, and Fleck was fired. Fleck sued Attleboro for failure to accommodate and discriminatory discharge under the ADA. Attleboro defended by arguing that Fleck was not a qualified individual with a disability. Should Fleck prevail on her claim?
