MEMPHIS (LN) — U.S. District Judge Brian C. Lea on Thursday denied Shelby County’s motion for summary judgment in an Americans with Disabilities Act lawsuit brought by former deputy jailer Barbara Phillips, finding genuine disputes over whether the county engaged interactive process and whether suitable job transfers were available.
Phillips, who worked for Shelby County from 1998 to 2021, alleged she developed severe allergic reactions and asthma attacks triggered by cleaning chemicals such as “Razor Orange” starting in 2013. She requested multiple transfers to safer areas between 2018 and 2020, but the county denied them.
Chemical use increased in March 2020 due to the COVID-19 pandemic. Phillips took medical leave in August 2020 and was terminated in March 2021 after exhausting her leave options.
The Sixth Circuit Court of Appeals previously vacated a district court dismissal of Phillips’s claims, holding that her complaint sufficiently alleged the county violated the ADA by refusing to transfer her to an area where she would not be exposed to disinfectants. The appeals court limited her viable claims to disability discrimination stemming from her termination and the county’s failure to accommodate her during the limitations period, which began on January 16, 2020.
Shelby County argued Phillips failed to propose a reasonable accommodation because the “third relief post” she requested in February 2020 was not open. Chief George Askew responded to her request by stating, “[t]his post will not be opened due to staffing issues.”
Phillips countered that overtime workers were allowed to work the third relief post, suggesting the position was available. She also pointed to requests for reassignment to a “2nd Floor P&Q” post in May 2020 and “Annex Pods F, G, and H” in July 2020, which the county did not address in its motion.
Lea found that if a jury credits Phillips’s testimony, the third relief post could be considered open and a potential reasonable accommodation. The judge noted that using overtime employees to fill the position raised questions about why the county did not simply fill it with a dedicated employee.
The county also argued Phillips failed to engage in the interactive process because she did not complete a Medical Provider Employee Job Duties Evaluation Form sent in February and August 2020. Phillips disputed receiving the February form but acknowledged receiving the August form.
Lea ruled that Phillips’s failure to complete the form did not defeat her claim, noting she had repeatedly explained her disability and submitted medical records over seven years. The judge cited case law describing the interactive process as an “informal” dialogue and concluded that a failure to fill out a mandated form does not, in and of itself, constitute a failure to comply.
Phillips filed her original complaint on November 23, 2021. A previous judge dismissed most of her claims, but the Sixth Circuit remanded the case for further proceedings on the ADA accommodation and termination claims.