Former Credit One Bank HR Generalist’s Disability Suit Proceeds After Ninth Circuit Reversal

Due to District Judge Jennifer A. Dorsey’s reversal, a former HR Generalist’s disability claim against Credit One Bank will proceed.

The Case: Karen Shields v. Credit One Bank, N.A.

The Court: U.S. Court of Appeals for the Ninth Circuit

The Case No.: 20-15647

The Plaintiff: Karen Shields v. Credit One Bank, N.A.

The plaintiff in the case, Karen Shields, was an HR Generalist for Credit One Bank. After she took a medical leave of absence (citing an accommodation under the ADA), Shields claims her position was eliminated. According to Shields, her employer failed to accommodate her disability. Instead of allowing or providing appropriate accommodations after Shields underwent a bone biopsy surgery on her right shoulder and arm, the plaintiff claims that her employer terminated her from her human resources job.

The Defendant: Karen Shields v. Credit One Bank, N.A.

The defendant in the case, Credit One Bank, argued that Shields failed to plead a disability because she didn’t adequately support a claim showing a physical or mental impairment that would “substantially limit one or more major life activities.” The district court granted the Defendant’s motion to dismiss based on the argument that Shields failed to adequately establish she had an “impairment” or “permanent or long term effects from an impairment.”

The Case: Karen Shields v. Credit One Bank, N.A.

However, the Ninth Circuit reversed the district court’s dismissal. The Ninth Circuit noted that the broadened ADA and applicable EEOC regulations protect effects of “an impairment lasting or expected to last fewer than six months (29 CFR § 1630.2(j)(1)(ix)). Additionally, the Ninth Circuit court held that Shields, the plaintiff in the case, adequately alleged a disability under the ADA standards.

If you have questions about California employment law or need to file a wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.