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ROBERT v. BD. OF COUNTY COM'RS, BROWN CTY., KANS.

No. 11-3092.

691 F.3d 1211 (2012)

Catherine ROBERT, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF BROWN COUNTY, KANSAS; Warren L. Ploeger, in his individual and official capacity; Steve Roberts, in his individual and official capacity; Glen Leitch, in his individual and official capacity; Venice Sloan, in her individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 29, 2012.

Attorney(s) appearing for the Case

Penny R. Moylan ( Mark L. Bennett, Jr. , with her on the briefs), Bennett & Hendrix, LLP, Topeka, KS, for the Plaintiff-Appellant.

Tara S. Eberline ( James D. Oliver and Wendell F. Cowan , with her on the brief), Foulston Siefkin, Overland Park, KS, for the Defendants-Appellees.

Before BRISCOE, Chief Judge, EBEL and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Catherine Robert had worked as supervisor of released adult offenders for ten years when she developed sacroiliac joint dysfunction. After a lengthy leave of absence, including the period authorized by the Family and Medical Leave Act ("FMLA"), Robert remained unable to perform all of her required duties, and she was terminated. For the reasons stated hereafter, we conclude that Robert's discharge did not constitute discrimination in violation...

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