Kelly
Kelly v. Wal Mart Stores, Inc.
Opinion
Lead Opinion
Lorenz, J.
Pending before the Court is Defendant Wal Mart Stores, Inc.'s ("Walmart") motion for summary judgment. Pursuant to Civil Local Rule 7.1(d)(1), the Court decides the matter on the papers submitted and without oral argument. For the reasons stated below, the Court GRANTS IN PART and DENIES IN PART Walmart's motion.
I. BACKGROUND
Plaintiff Leah Kelly ("Kelly") was an employee at Walmart's store in Santee, California from 2005 until April 2016. Kelly worked as an optician. Since she was thirteen years of age, Kelly has suffered from intractable epilepsy. Throughout her employment, Kelly kept Walmart apprised of her condition.
*1148 In late March/early April of 2015, Kelly suffered from a cluster of seizures and, as a result, had to miss some time at work. On April 24, 2015 Kelly's neurologist, Dr. Evelyn Tecoma, indicated Kelly was fit to return to work. Shortly thereafter, Kelly informed her supervisor, Susan Regano ("Regano") that she was cleared to return to work and requested accommodation in the form short leaves of absence after seizures. Regano then sent an email to human resources complaining that Kelly's ongoing seizure disorder created a risk of harm to herself and others…