Nadaf-Rahrov

FACTS AND PROCEDURAL HISTORY

Nadaf began working as a clothes fitter for Neiman Marcus in Dallas in 1985, and transferred to the San Francisco store in the mid-1990s. She was considered a good employee. Before she began working for Neiman Marcus, Nadaf had owned a macramé gallery in Tehran, worked as an ordering clerk for Westinghouse/Iran Electronic Industry, helped operate a beauty salon in Italy, supervised employees of a Texas company in needlework finishing, and owned her own clothing boutique in Texas, for which she manufactured clothes. Nadaf‟s duties as a fitter in the San Francisco store included hand sewing knit items and making alterations on women‟s gowns. She was required to bend and stoop as part of her job and spent a great deal of time on her knees. In November 2003, she sought treatment from Dr. Joel Klompus for pain in her joints and hands. Dr. Klompus diagnosed Nadaf as suffering from arthritis and polymyalgia rheumatica, an inflammatory arthritis affecting multiple joints including the knees, hips and shoulders. Neiman Marcus placed Nadaf on leave under the Family and Medical Leave Act (FMLA), based on Dr. Klompus‟s certification she was “incapacitated” and…