Valle-Arce v. P.R. Ports Auth., No. 10-1102 (1st Cir. 2011)
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Plaintiff claimed that her employer since 1990, the Puerto Rico Ports Authority, violated the Americans with Disabilities Act, 42 U.S.C. 12101, when it failed to provide her with reasonable accommodations (flexible schedule) for her chronic fatigue syndrome disabilities and retaliated against her, including by terminating her employment, for engaging in protected activities. The district court granted the Ports Authority's motion for judgment as a matter of law at the close of plaintiff's case-in-chief. The First Circuit vacated and remanded, concluding that a reasonable jury could have found facts supporting plaintiff's claims. The district court erred finding that plaintiff was not "qualified" under the ADA without considering that the accommodation she requested was a flexible schedule.
The court issued a subsequent related opinion or order on July 15, 2011.
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