A divided Fourth Circuit panel yesterday affirmed the grant of summary judgment to an employer who refused to rehire to the same position an employee who went on disability leave. The decision turned on the application of Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795 (1999), in which the Supreme Court addressed how courts should assess an ADA claim brought by an individual who has applied for and received Social Security Disability Insurance (SSDI) benefits.
Judge O’Grady (EDVA, sitting by designation) authored the unpublished opinion for the court in EEOC v. Greater Baltimore Medical Center, Inc., in which Judge Keenan joined. Judge Gregory wrote a dissenting opinion.
Although unpublished, the decision appears to be the first in which the Fourth Circuit has held that the Supreme Court’s decision in Cleveland applies not only to actions brought by individuals who have applied for and received SSDI, but also to actions brought by the EEOC on behalf of such individuals.