GRETILLAT WORKED IN FOOD SERVICE AT A NURSING HOME. HER
After the surgery, she reported a lot of pain from standing for long periods. She said she could not squat, kneel, crouch, crawl, or stand for long times. Her manager told her she could resign or be terminated since she could no longer do physical acts needed for the job. She resigned and sued for disability discrimination for failure to accommodate her disability. The district court held for the nursing home. Gretillat appealed.1. The appeals court affirmed that Gretillat’s physical impairments did not rise to the level of a disability, so she had no case. Although she was “impaired,” why was she not considered “disabled”?
2. Suppose Gretillat’s condition was severe enough to be a disability. What would the employer have needed to do then?