Article ID: 19eafc4d848ad010e948b0d9033ba82d8cd377a6fda04d8dffd07c79d0c1d2b3
Source ID: secondary:businessinsurance.com
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URL: https://www.businessinsurance.com/25-million-lawsuit-over-paid-leave-as-an-accommodation-dismissed/
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$25 million lawsuit over paid leave as an accommodation dismissed - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers $25 million lawsuit over paid leave as an accommodation dismissed by Louise Esola Claims Disputes , Disability , Workers Comp Coverage , Workplace Safety Jul 14, 2026 A federal court on Monday dismissed a Department of Homeland Security special agent’s disability discrimination and retaliation lawsuit, ruling that paid medical leave constituted a reasonable accommodation following spinal surgery. The agent suffered a neck injury in a 2018 work-related vehicle accident and underwent spinal surgery in April 2023, according to Monday’s ruling by the U.S. District Court for the District of Columbia in Morrissey v. Mullin . He requested light-duty work, but his doctor initially said he could not return to work until at least July 2023. At a July evaluation, the doctor found him totally disabled and said the earliest he could return to even light-duty work was October. DHS kept the agent on approved paid leave, requiring him to use accrued leave, until it approved a light-duty assignment effective Nov. 6, 2023. The agent requested a later start date and returned Nov. 13 or 14. The agency temporarily suspended his authority to carry a badge and firearm because his medical condition could interfere with his ability to safely use a weapon. He returned to full duty and received his badge and firearm in February 2024 after his doctor cleared him without restrictions. The agent sued the Homeland Security secretary under the Rehabilitation Act, alleging DHS should have provided light-duty work sooner. He also alleged retaliation and sought $25 million in damages. The court said medical leave can constitute a reasonable accommodation and that an employer is not required to provide an employee’s preferred accommodation. DHS could not reasonably have assigned the agent to light duty before he was medically cleared, the ruling said. The court also dismissed the retaliation claim, finding the agent failed to respond to the government’s dismissal arguments and did not plausibly connect his protected activity to the agency’s employment decisions. 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