Mr. Terrance Thomas was employed by Trane as a sheet metal technician. In early 2003, Mr. Thomas was diagnosed with both asthma and lymphoma. To treat the latter of these conditions, he underwent a round of chemotherapy and had a stem cell transplant. These treatments left Mr. Thomas's immune system abnormally susceptible to infections and depleted his energy level to the point where he was too exhausted to walk. In addition, his asthma made it difficult to breathe and he was often observed coughing by other Trane employees.
Mr. Thomas's medical conditions caused him to miss work frequently. In July 2003, Trane approved a five and one-half month leave of absence for Mr. Thomas to recover from his recent stem cell surgery. On February 4, 2004, after consultations with his doctor, Mr. Thomas notified Trane that he would be able to return to work without restrictions by April 5, 2004. He also notified Trane’s Human Resources Department that there would be times when he would have to miss work due to his ongoing medical treatment. A Human Resources staffer specifically told him not to use vacation time for these absences, and that these absences would not be counted against his attendance record. From June 2004 to February 2005 Mr. Thomas was absent a total of 19 working days; thirteen of these absences were recorded as vacation time, while illness was listed as a reason for the 6 remaining absences.
Trane uses a "no-fault" attendance policy. All absences, regardless of the reasons, are included in the calculation of an employee's attendance performance. Employees that do not maintain a minimum attendance performance goal of 98% are "in serious jeopardy" of losing their job. Mr. Thomas was aware of Trane's no-fault attendance policy, and it was included in the employee handbook he reviewed. Accordingly, on November 18, 2004 Trane gave Mr. Thomas a warning regarding his attendance and notified him that future absences would result in discipline up to and including termination. On December 13, 2004 Trane provided Mr. Thomas with a second warning regarding his absenteeism. This warning claimed that, as of November 30, 2004, Mr. Thomas's absenteeism rate was 2.4038% and advised him that any additional absences would result in his termination.
On February 15, 2005, Mr. Thomas became ill with a fever and he notified his supervisor that he would need to see a doctor. His supervisor told Mr. Thomas to "take care of himself" and allowed him to miss a portion of the day's work to go to the emergency room. Mr. Thomas returned to work later in the day with a note from a doctor advising his employer he would be unable to work for the remainder of the week due to his illness. At this point, Trane's Manager of Human Resources reviewed Mr. Thomas's absences and determined: First, because Mr. Thomas’s requested absence was for less than 5 days, it did not qualify as a leave of absence under the Family & Medical Leave Act; Second, Mr. Thomas was at "final warning" status for attendance violations; and Third, in accord with Trane's attendance policy Mr. Thomas was to be terminated.
At the time of termination, Mr. Thomas had worked at Trane for a total of five years and two-months and had accumulated ninety-two hours of vacation time. He requested that his accumulated vacation time be used when follow-up treatment necessitated his absence from work. Trane did not allow him to do so. Mr. Thomas filed this claim against Trane alleging that his termination was discriminatory and due to his medical conditions, in violation of the ADA.
The court rejected Mr. Thomas's claim on two grounds. First, it stated that: "it is generally insufficient for individuals attempting to prove disability status to merely submit evidence of a medical diagnosis of an impairment." Instead, the court would require evidence that Mr. Thomas's medical conditions were "worse than that suffered by many adults" to be considered a disability under the ADA. Also, the court noted that Mr. Thomas presented only a previous diagnosis of cancer, and that after chemotherapy and a stem cell transplant his remission indicated he no longer had this medical diagnosis.
Second, the court found that Mr. Thomas was unable to show that his medical conditions "substantially limited his ability to perform a major life activity." In his deposition, Mr. Thomas described feeling short of breath, tired, and that he "did not feel like walking because it takes away a lot of energy." The court found this to be a "vague general description of an alleged disability." Because Mr. Thomas could physically walk, breathe and work, the court determined that he functioned only "moderately below average," and no worse than that experienced by many adults with medical conditions.
Finally, the court reasoned that even if Mr. Thomas did have a disability for purposes of the ADA, his proposed accommodation of "indefinite periods of leaves of absence" were not reasonable. Because Mr. Thomas was unable to provide an assured time period for his return to full employment, the court held that his constant requests for leave were unreasonable.
The court concluded that Mr. Thomas was not a qualified individual with a disability under the ADA and that his requested accommodation was not reasonable.
Trane’s "no-fault" attendance policy raises important policy questions: