EEOC v. The Picture People, Inc.
United States Court of Appeals for the Tenth Circuit
684 F.3d 981 (10th Cir. 2012)
Jessica Chrysler (plaintiff), profoundly deaf and unable to speak or read lips, was hired as a photo-studio "performer" by The Picture People (defendant), a job requiring customer intake, sales, portrait photography, and lab work, most of which demanded real-time verbal communication with customers, often young children, within tight 20-minute session windows. Chrysler relied on written notes, gestures, and pantomime, which proved impractical for the fast-paced sessions; after her district manager deemed her communication methods unworkable, she was reassigned exclusively to the photo lab, where she was later cited for unrelated poor performance, and she was ultimately terminated. She sued under the ADA alleging disability discrimination and retaliation; the district court granted the employer summary judgment, finding she failed to show she was qualified to perform an essential job function.
Whether, under the Americans with Disabilities Act, an employer is required to hire or retain an employee who is unable to perform essential job functions, with or without reasonable accommodation.