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Credeur v. Louisiana

United States Court of Appeals for the Fifth Circuit

June 23, 2017, Filed

No. 16-30658

Opinion

 [*788]  JAMES E. GRAVES, JR., Circuit Judge:

Renee Credeur was employed by the Office of Attorney General for the State of Louisiana ("DOJ") as a litigation attorney. During the course of her employment, she developed serious health problems due to complications from a kidney transplant. On account of her illness, the DOJ granted  [*789]  her temporary accommodations to work from home with the goal of eventually reintegrating her into the office. After several months of telecommuting, the DOJ denied Credeur's continuing request to work from home, but provided an alternative accommodation with certain conditions. Credeur rejected this alternative accommodation and renewed her request to work from home. The DOJ denied her request. Credeur sued [**2]  the DOJ for failure to accommodate, harassment, and retaliation in violation of the American with Disabilities Act ("ADA") and Louisiana Employment Discrimination Law ("LEDL"). She appeals the district court's grant of summary judgment in the DOJ's favor. Because there is no genuine issue of material fact as to whether Credeur has established a prima facie case on any of her disability-based claims, we AFFIRM.

I. BACKGROUND

From 2008 to 2014, Credeur worked as an assistant attorney general in the Medical Malpractice Section of the DOJ's Litigation Division. Credeur underwent a kidney transplant in May 2010 and was granted an ADA accommodation to work from home for approximately six months. In 2013, Credeur experienced additional health problems due to complications from the kidney transplant. From March to August 2013, Credeur utilized leave under the Family and Medical Leave Act ("FMLA"). After she exhausted FMLA leave, Credeur requested the accommodation of working from home. She provided the DOJ with a medical evaluation by her physician, Dr. Slakey, who was treating her for kidney transplant complications. Dr. Slakey recommended that Credeur "begin working from home doing as much [**3]  as possible and slowly incorporate herself back to office hours as she gains strength and endurance."

The DOJ granted Credeur an accommodation to work from home, memorialized in a memorandum dated October 13, 2013 (the "Strategy Memo"). The Strategy Memo noted the DOJ's intent to comply with the ADA by providing Credeur "reasonable accommodations as necessary throughout her recovery" with the goal of eventual "reintegration of her normal work hours and duties." It obligated Credeur to communicate regularly with her supervisor, Glen Reynaud, regarding her work product and hours and provide him with medical updates every 30 days. Credeur did not provide any medical updates until December 11, 2013.

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860 F.3d 785 *; 2017 U.S. App. LEXIS 11269 **; 17 Accom. Disabilities Dec. (CCH) P17-171; 2017 WL 2704015

RENEE CREDEUR, Plaintiff - Appellant v. STATE OF LOUISIANA, Through the Office of the Attorney General, Defendant - Appellee

Prior History:  [**1] Appeal from the United States District Court for the Middle District of Louisiana.

Credeur v. Louisiana, 2016 U.S. Dist. LEXIS 57957 (M.D. La., May 2, 2016)

CORE TERMS

harassment, accommodation, essential function, conditions, disability, attendance, reasonable accommodation, EEOC, district court, interactive, email, summary judgment, retaliation, genuine dispute, depositions, evaluations, termination, functions, severe, work environment, adverse action, material fact, four hours, telecommuting, demonstrates, limitations, regulations, retaliatory, supervision, incumbents

Civil Procedure, Judgments, Summary Judgment, Entitlement as Matter of Law, Appeals, Summary Judgment Review, Standards of Review, Evidentiary Considerations, Business & Corporate Compliance, Discrimination, Disability Discrimination, Reasonable Accommodations, Labor & Employment Law, Scope & Definitions, Qualified Individuals With Disabilities, Labor & Employment Law, Harassment, Evidence, Burdens of Proof, Employee Burdens of Proof, Retaliation, Statutory Application, Americans With Disabilities Act, Burdens of Proof, Elements, Elements, Adverse Employment Actions