A disabled employee who has no idea when she would be able to return to work, and whose illness and treatment prevented her from fully performing the duties of her job, cannot recover damages from her employer under the Americans with Disabilities Act because of her termination, the Eighth Circuit decides.

The case involved a newly hired employee who had to undergo cancer surgery and treatment. After she indicated to her area manager that she may need indefinite leave, she was terminated. “Despite the unfortunate circumstances of plaintiff's illness, the ADA does not provide for a recovery against her employer,” the Court says. “As noted, it is axiomatic that a person who cannot perform any of the functions of a job, with or without reasonable accommodation, cannot, as a matter of law, be considered ‘otherwise qualified’ under the ADA.”

Further, the Court observes, her position on reasonable accommodation “ is that defendant should have waited indefinitely to determine the full extent of her diagnosis, treatment and recovery. To the extent that this argument is something other than a reconstituted claim for an indefinite leave of absence—which it appears to be—the claim still fails. Courts recognize that employers should not be burdened with guess-work regarding an employee's return to work after an illness.” Peyton v. Fred’s Stores of Arkansas, Inc.