United States Eighth Circuit
Rask v. Fresenius Med. Care N. Am., 06-3923
In an action raising claims under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and state law, brought after plaintiff was dismissed from her job as a patient care technician at two of defendant's kidney dialysis clinics, summary judgment for defendant is affirmed where: 1) for purposes of ADA and state law claims, plaintiff failed to show that she was qualified to perform the essential functions of her job without an accommodation and defendant had no duty to accommodate plaintiff because she failed as a matter of law to provide sufficient notice of her need; and 2) FMLA claims failed as plaintiff did not put defendant on notice that she had a serious health condition.
Appellate Information
- Decided 12/06/2007
- Published 12/06/2007
Judges
- ARNOLD, Circuit Judge., Before COLLOTON, ARNOLD, and GRUENDER, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Daniel Eric Warner, argued, Inver Grove Heights, MN, for appellant.
- For Appellees:
- Marko J. Mrkonich, argued, Minneapolis, MN (Sandro Garofalo, on the brief), for appellee.