Kitchen v. Summers Continuous Care Center, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining the “tricky or oxymoronic anomaly” presented respecting medical leave of absences in reasonable accommodation and disability discrimination claims under both the WVHRA and the Americans with Disabilities Act (“ADA”)
• medical leave is a reasonable accommodation only if it is finite and will be reasonably likely to enable an employee to return to work
• “It is well-settled that an individual who has not been released to work by his or her doctor is not a ‘qualified individual with a disability.’”
• “It is well-settled that an individual who has not been released to work by his or her doctor is not a ‘qualified individual with a disability.’”
• “the ‘standards governing the ADA ... and the WV[H]RA are coextensive[,]’”

Source: CourtListener parenthetical corpus (CC0).