the commission raised three claims here terminated one terminations claim and two failure to accommodate claims looking at that terminations claim first and looking up he had to record the way the testimony and evidence that she that her testimony contradicted the the jury out from the evidence to counter the commission offer the jury could find that l h the promote hurts the team leader in march that you perform satisfactorily ott and in fact that they already are for the promotion but then after the season things changed radically her supervisor who had been friendly in part misdirected and and and in part disputed were these criticisms after the seizure issues that were affected her like transport transportation not being able to drive and was was was raised and that may have been affected by her by her meds and her and the accommodation they did not grant i'm writing a complaint from one of the people services company  was something about a complaint to or one of the people service that if they didn't want her to come out and write she worked she she worked as a shift as a field nurse on june seventh  the end of the week when she came back and and one of the patients one of the patients said that they that they did not want her to come back and she she  that she was very she was very tired and sleepy that day because of the meds because her doctor had put her on a more severe regimen of anti seizure meds and she had been on the floor so there's no dispute that this customer didn't want her to come back and you're saying it was because she was sleepy and tired that well that means she doesn't deny there's no dispute that this is a pretext and somebody did complain about this person servicing and so they won't come back in your reply as well because she was taking this medicine she couldn't do the work it sounds like bears on whether she's qualified to do her job what her art her job was as team leader and she tastefully had it it's unclear how i think most weren't able to make their ships it's a jury could conclude from the evidence the team leader is rarely if ever had to leave the office because when she came back when she came back first she  should apply to this so in order to make a claim she has to establish that she is that she has a disability yes that right yes and then there she suffered an adverse employment action as a result of the disability  without discussing it with them so requests for an accommodation means i have a disability but you're required to make an effort to kind of a yes right and what was her request for  respect to the field nurse position not because she didn't have an opportunity i mean they knew that she had this driving restriction and they and if they haven't at least soon that there was no way she could they could take a comet or if he could not if you could i would you please let me use public transportation to do this we can do this that means the van service has that didn't come up because the term nation was so abrupt and i'm confused i thought that so they fired as a team leader and they did not sit down discuss whether working what can you go back to being a field nurse because she had been doing africa for the accommodation that you're talking about would be accommodating her not in her position as a team leader but accommodating her by my giving her an outer her old alternative solution they were there to accommodations  we think they should have given her or at least discussed with them one was as a team leader when she when she had problems with the computer because of her meds and she asked for help she asked for extra help with the computer to remind her how the programs work and and and lauer to write down their passwords and they so that's the combination she wanted as a team leader and they did not they see tiger just walked away without discussing it with her and didn't do anything asked she asked for an accommodation and they did not they did not grant they did not scott's it and they fired in part because she was having problems with the computer and how much of her how much of her job as a team leader patients like reports from the field nurses when they when they went to see them and and doctor's orders and things and then another one which was scheduling the field nurses how long had he been a team leader before she had the seizure she s in march and she get her seizure was at the end of may so he states he's been working at least two months depending on how much much you make there is there anything in the record to show how she was performing on the computers before the seizure and after the seizure i mean was this was this problem with you're now a team leader you have to work on computers where she having problems from the start or did the problems with working on computers result from the seizure and the medication do we do we have any evidence that shows us one way or another well it it's a good drawing taggart testified and and and one of the people who helped train her testify that she was having problems along that just wasn't didn't didn't learn how to use them properly and that she wasn't good at entering information accurately all along as a team leader that that's correct that's their testimony but what hurt her testimony is that they never told me a they had any problems with what i was doing and and therefore the jury could have been put inferred from the fact that she did not there's certainly a document document criticism of her before the seizure and she after her since you're the doctor put her on i have your medication regime and she and that we have any particulars about the type of help that you want to reach seems like operating the computer was a major component of her being the team leader what was her problem she couldn't get the computer started did she need somebody else to run the computer sure which is what you supposed to be i mean i'm trying to figure out what is the qualitative nature  l so a single employee has a password on a company computer and no one else knows what the plans were ready it can't be true i assumed the right person yes but it i mean that the record is not entirely clear on this she she clearly was able to she would if she didn't know them at all she would have been able to work for those couple weeks and that that's that seems pretty clearly not what happened she was getting she was getting work done but she not getting it done as efficiently as she used to because she had problems with passwords and she had problems from them and how the programs worked and that was the accommodation she asked for remind me you know give me to me that you are just teaching on how to use these programs and if you make any specific requests for her to accommodate her suggestions as to how you might be able to accommodate me i'm really having difficulty with the medication i'm on it i think someone  be at my side to help me with my computer or i need a cheat sheet are i'm just not cut out for this this job put me back on on rotation visiting of visiting a patient that was there any suggested accommodations that might have come up might have come from her she testified that she wasn't sure whether that she she had suggestions and that she wasn't allowed to give them that that she she said she said to tag or immediate supervisor i need some extra help with the computer for a couple of weeks and she just by the tiger then walked away without responding to her and that she didn't feel like she was receptive to nars it is undisputed that in a situation function of the seal nurse position is that you travel to the patient's home to administer home health in the patient's home the job description says that that requires a valid driver's feel right at the time for seizure she was working more in the office training in the team leader position and in that position the company wanted most likely been able essential on one occasion and women and it was mentioned earlier on that sunday june seventh her mother was allowed to take her to patients homes for the record that was not approved by the home office that could not be a long term solution for a variety of reasons including privacy concerns and also her mother's and existing testimony that she has a full time job in the works for the united states navy traveling on boats to go  for it's also important to note under the a t f alex the group was not in a position to take away essential functions of her job so when it was evident that she could not perform as a team leader the only other position available would be a film of ours and at that point she was on the one you're driving research and that driving would be in the central function and the idea a does not require alexi for example to go out and hire a to her testimony and that was she to do public transportation which the as the dysart court said there is minimal testimony on that that there might have been done taxi and pick be looking at rural areas and there was one case that the e e o c site in their brief that was out of the northern district of chicago when there was a fact question about whether they could use public transportation because you're in chicago in derry it's a massive public other point about what your area there which your argument there that she that she wasn't qualified that there is no evidence of causation what is your argument as to where there is no back issue with respect to something that answer this while you're still putting in an order to make sure that that order gets correct so that that patient is getting the right there were instances where she was having trouble with projecting and scheduling with dinners no dispute about that that she was having problems with that it's not going to the next page which would be what kind of an accommodation reasonably can be made with respect to those type of program where  again with the team leader there was these dental functions of being able to travel and drive to the patients home if needed that like they could have been accommodated but the computer skills the basic typing schools the interpersonal as a result of the savior and the medication are i guess i asked it before but but but did did did she ask for an accommodation because of the of the a seizure and the medication or was this a problem with that she had from the beginning that she couldn't work the computer didn't have computer experiments experience and your company your company represented promoted her when perhaps maybe she didn't be insane she would not be able to perform those essential functions without alex to having to take away those digital functions at the driving and you said her her getting her own driver would be against regulations and that could not be done if she said i have my own driver to drive me around yes that was definitely some concerns about privacy issues and whether she could do that and  use public transportation affectively while maintaining patient privacy or having a driver thank you turn on the homeowners let's say that there's a dispute about her back here and mrs admitted that she was extremely tired and sleepy during that situation our expert dr rees frederick's testified that in that situation when a nurse is under a medical condition that prevents her from affectively giving assistance and aid in that nurse has a duty to refrain from the practice of nursing and should have gone on to medical leave and that is something that was all for to miss  issue or was this evidence that this was going to be medication she would be taken for the rest of her life and could be a practitioner she would be all right of all medication but as part of the process of what they call child trading  that and then the next step in the in the process of her terminations was she was not at the office the monday after that uniting meeting which was to call him and it was unrelated to her and medical condition that puts a hardship on l h c when his team leaders call leon unexpectedly because they are coordinating all the other nurses the p t s the ots and she was actually offered  just walked away from this tiger testified that when mrs sands returned to work she mistrials provided the work release from the doctor that said there's no driving for one year  and she can climb ladders and missiles talked about that as well that they can all kind of laughed about climbing ladders because she doesn't have to calm ladders and that was really the extent of their conversation her providing that accommodation it would not get her to be able to perform this into elements of that team leader position based upon either lack of skills with multitasking and the computer skills is a reasonable accommodation or whether the fact that he choose even requesting it means that she's admitting that she can't perform an essential part of it wasn't a memory issue could see you writing down a password yes but we're talking big picture she doesn't understand how i waste and my sis work in the computer she doesn't understand how that software works and that was a problem that was noticed and she was being trying on the for the teacher and she didn't understand it before the seizure yes she actually was a size ten there and shoving a record that tells us about the nature of that misunderstanding or is that one of these general problems with the computer  now miss testified to some more of the specifics but now as far as written documentation prior to the seizure of what those circles far there is not if she had any written individual that she had a disability and then the third element was that she suffered an adverse employment action because of her disability and the cases that we have cited and that the district court sided was the for p analysis which breaks down that third element really into she suffered adverse employment action and then she was either treated less favorably than a non protected person or other  problem is that they didn't say or says i am and that's the problem i think it's transmission and state it can't be a hand because either that third or the fourth one would be sufficient to get you into that are more privative and that lee johnson versus parkway behavioral health systems in which there was absolutely no evidence on the fourth element and so summary judgment was a far and then also the cardio versus apache corporation which that case was also failed drug test test he tried to assert that he was similar to other people who maybe had had failed a drug test or he had an accident at work when the court found that no those were case the employee was a aircraft mechanic and one of the essential functions of her job was to be available to travel as needed she was not able to travel because of a whole point ments for and at their not any other question the one question you said that the partner of the dr with some privacy concerns and therefore she could not get anyone to drive her but i mean where's the privacy concern when the drivers stay outside and wait for a while she goes inside and sees a patient are you concerned that she's good gee the driver is going to be inside in listen to the patient  mother drive her around to the patients but also put both job descriptions allow the allow the the person to use public transportation they said by car by private car or public transportation i she her medication was being adjusted she asked she asked her doctor she said you know this is you know and i'm so i'm too fuzzy or whatever you can you can you cut down my meds and and the doctor did before the nineteenth and that's why i counsel talked about her problems being a starting to resolve in connection with the the fourth prom i had the commission entirely agree that the commission has to raise an inference of discrimination and or stroke it to you by showing pretext of not is not another way ott and the commission believes did that here because from looking at the record from from the commission's point of view she was made team leader she worked as ting leader for a couple of months and they didn't criticize or mean it they talked about her having these fundamental problems all the way along but they did her testimony is no one ever told me that and it was clean and and nothing was ever documented and then after she has your seizure suddenly she gets the severe criticism and as a result of that meaning they say ok you've got six weeks now ah and then five days later the fire and her testimony about how they fire was not that they talked about these performance difficulties the driving restriction she says it was a you know it was a one minute conversation and they told me they had they had to let me go because i was a liability to the company given that evidence a jury could find that the terminations based on their disability and not and not on  performance problems in the in the end in terms of allowing her to go back to a fielder's position there's no testimony that sat down and talked with her about ok will is there some other way you can get to the