Case: Disability Discrimination/Failure to Accommodate (S.D. Ind.)

Genuine issues of fact preclude summary judgment to Costco Wholesale Corp. on a licensed pharmacist with a herniated disc’s failure to accommodate claim under the Americans with Disabilities Act, an Indiana federal court ruled. Disputed material facts exist regarding her ability to perform her job with or without the requested accommodation—to be able to sit occasionally—because she was able to stand for five hours of an eight-hour shift, she never asked co-workers to perform her job, and she said she only needed to sit for short periods to relieve spinal pressure, the court found. A jury could find that the ...