Duane Morris Takeaways: On September 3, 2025, in Equal Employment Opportunity Commission v. A&A Appliance, Inc. d/b/a Appliance Factory Outlet, Inc., No. 1:23-CV-02456 (D. Colo. Sept. 3, 2025), Judge Daniel D. Domenico of the District Court for the District of Colorado granted Defendant A&A Appliance, Inc.'s motion for summary judgment as to the EEOC's claims. The Court held that the EEOC failed to make a prima facie case of violations of the Americans with Disabilities Act because it had not shown Defendant was aware of a disability or request for accommodation from the charging party. This ruling illustrates the steps an employee must take to adequately demonstrate a disability and request an accommodation and the situations where an employer may be justified in terminating an employee who fails to return from taking leave under the Family Medical Leave Act.
Case Background
Defendant A&A Appliance, Inc. ("Defendant") employed Karima Javanzad ("Claimant") from February 2019 to June 2020. (ECF 172 at 1) Shortly before her termination, in April, the Claimant requested a retroactive 12-week leave of absence under the Family Medical Leave Act ("FMLA"), citing various ailments for her and her son, including COVID-19. Id. at 1-2. Defendant granted the Claimant's FMLA request from March 12 to June 7. Id. at 2. During her leave, the Claimant contacted Defendant on several occasions to inquire regarding the length of her leave and whether she could extend it. Id. Defendant consistently communicated with the Claimant and informed her that she could extend her leave "if the triggering condition for FMLA was extended by [her] medical provider." Id. The Claimant did not return to work on June 8, she did not respond to Defendant's requests to discuss her position, and she did not provide nor receive any confirmation that she ever contracted COVID-19 nor had any disability requiring an accommodation until after the end of her leave. Id. at 6-7. The last doctor's note the Claimant received in May stated that she did not have any work restrictions. Id. at 6. On June 9, Defendant informed the Claimant that her FMLA had been exhausted and requested to further discuss her position, but Claimant never responded. Id. at 7. As such, Defendant terminated her employment on June 10. Id. at 7.
In response to her termination, the Claimant filed a charge with the Equal Employment Opportunity Commission (the "EEOC"), alleging disability discrimination and retaliation under the Americans with Disabilities Act (the "ADA"). Id. at 2. When conciliation efforts between the parties failed, the EEOC filed a lawsuit on behalf of the Claimant against Defendant on the same grounds. Id. Following discovery, both parties moved for summary judgment. Id.
The Court's Order
The Court granted summary judgment in favor of the Defendant on both the ADA discrimination and the retaliation counts. Id. at 4. On each count, the Court reasoned that the EEOC must show that the Claimant was either disabled or that she was engaged in a protected activity for which she was discriminated or retaliated against. See id. at 4-10. The Court concluded that the EEOC could prove neither element.
First, the Court noted that the Claimant provided three possible disabling illnesses, COVID-19, vocal cord paralysis, and gastritis. Id. at 7. However, she never received a formal diagnosis for any of them until after she was terminated. Id. Moreover, while the Claimant asserted that she was unable to return to work, her May doctor's note contradicted her statements by indicating that she "did not have any [work] restrictions" and that she could return to work without issue. Id. at 6-7. The Court concluded that these "inconsistent representations regarding [Claimant's] ability to return to work" coupled with the lack of clarity regarding her illness meant that "Defendant cannot be found to have been on notice of a disability that required accommodation under the ADA." Id. at 7 (emphasis added).
Second, in the alternative, the Court held that, even if the EEOC had presented evidence that the Claimant suffered from COVID-19, the EEOC's claims still failed. Id. The Court reasoned that, to recover for a claim for failure to accommodate or for retaliation for requesting an accommodation, an employee must "make an adequate request, making clear that she wants assistance for her disability." Id. at 8 (internal quotation marks omitted). According to the Court, the Claimant's requests for additional information regarding her remaining leave did not amount to an accommodation request. Id. In fact,"Ms. Javanzad never made an explicit request for an accommodation from Defendant — even for an additional leave of absence — until after her FMLA leave expired." Id. And when she did request additional leave, the Claimant did not provide any details about the leave she was requesting. Id. The Court concluded that these facts provided an independent basis for entering summary judgment against the EEOC. Id. at 9.
Implications For Employers
The Court's decision in A&A Appliance, Inc. serves as a reminder to both employees and employers. Although employers must engage in the interactive process for both ADA and FMLA purposes to reasonably accommodate employees' disabilities, the onus rests with the employee to demonstrate a disability and to request an accommodation, effectively providing notice to the employer of the claimed disability. If the employee fails to satisfy either of these prerequisites, an employer is not on notice of any disability and may be justified in terminating the employee's employment.
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