Jury Verdict on Behalf of J.C. Penney Corporation, Inc.
May 15, 2015
On April 17, 2015, Lightfoot attorney William Morrow and in-house counsel for J.C. Penney Corporation, Inc., Catherine Kays, obtained a defense verdict in a case brought against the company for violation of the Americans with Disabilities Act (“ADA”) and the Family and Medical Leave Act (“FMLA”). The plaintiff, a former employee at J.C. Penney’s retail store in Huntsville, Alabama, claimed that J.C. Penney failed to provide her a reasonable accommodation under the ADA and retaliated against her for making complaints to J.C. Penney’s corporate hotline concerning denial of requested accommodations. The plaintiff also claimed that J.C. Penney interfered with her right to take leave according to the FMLA and retaliated against her because she made complaints that the company was not honoring her FMLA rights. J.C. Penney argued that the accommodation requested by plaintiff was not reasonable, that she failed to put the company on notice of a need for FMLA qualifying leave, and that plaintiff was discharged for other reasons having nothing to do with her complaints or requested accommodation or leave. The jury verdict followed a five day trial in the Northern District of Alabama.