United States Sixth Circuit

In an action against plaintiff's former employer raising claims of discrimination in violation of the Americans with Disabilities Act (ADA) and Ohio's anti-discrimination statute, as well as intentional infliction of emotional distress, summary judgment for defendants is affirmed in part and reversed in part where: 1) for purposes of the ADA and state law claims and the adverse employment action inquiry, there was a material dispute of fact about whether plaintiff abandoned her job or was discharged; but 2) she failed to raise a genuine issue of material fact regarding outrageous conduct or serious emotional distress.

Appellate Information

• Decided 09/11/2008
• Published 09/11/2008

Judges

• Before:  MERRITT, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael J. Wright, Edward L. Gilbert Co., Akron, Ohio, for Appellant.  Thomas Michael Metzger, Littler Mendelson, Columbus, Ohio, for Appellees.   ON BRIEF:  Michael J. Wright, Edward L. Gilbert, Edward L. Gilbert Co., Akron, Ohio, for Appellant. Thomas Michael Metzger, Margaret C. Bettendorf, Littler Mendelson, Columbus, Ohio, for Appellees.