KATHLYN M. KENNEDY, Plaintiff-Appellant, v. APPLAUSE, INC., Defendant-Appellee., 90 F.3d 1477

Summary

The employee was diagnosed with chronic fatigue syndrome; both her treating physician and her statements in applying for disability benefits indicated that she was totally disabled and unable to perform her job. The employer terminated the employee, and she brought an action under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.S. § 12101 et seq. The trial court granted summary judgment for the employer and assessed costs and attorney fees against the employee. The employee sought review. The court affirmed the trial court's grant of summary judgment, finding that there was no triable issue of fact as to the employee's disability, which prevented her from performing her job with or without reasonable accommodation. Thus, pursuant to 42 U.S.C.S. § 12111(8), the employee could not maintain an action under the ADA. The court dismissed the appeal of the grant of costs and attorney fees to the employer because the notice of appeal was untimely.