No. 24-400

Jennifer Tom v. Martin J. O'Malley, Commissioner of Social Security

Lower Court: Ninth Circuit
Docketed: 2024-10-09
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: americans-with-disabilities-act disability-discrimination employment-rights ninth-circuit-review reasonable-accommodation rehabilitation-act
Latest Conference: 2025-02-28 (distributed 2 times)
Question Presented (from Petition)

1) Can the Court allow the U.S. Court of Appeals for the Ninth Circuit decision to stand in Tom v. Social Security Administration where the U.S. Court of Appeals for the Ninth. Circuit found that an employer can fire a qualified disabled employee for taking leave while waited for the Social Security Administration to approve Tom 's (Appellant in pr se) requests for an effective reasonable accommodation for example full-time telework, the Social Security Administration fired Tom (Appellant in pro se) for taking sick leave while working with Social Security Administration in the Reasonable Accommodation interactive process for the conduct of taking sick leave that results from her disabilities despite the fact the courts have found ruled that "terminate an employee for conduct that results from a disability is equivalent to terminating an employee based on the disability itself because 'conduct resulting from a disability is considered to be part of the disability, rather than a separate basis for termination. ' Humphrey v. Mem'l Hosps. Ass'n, 239 F.3d 1128, 1139-40 (9th Cir. 2001). "?

2) Can the Court allow the U.S. Court of Appeals for the Ninth Circuit decision to stand in Tom v. Social Security Administration where the U.S. Court of Appeals for the Ninth Circuit found that an employer need not provide an effective reasonable accommodation just an accommodation rendering of the protection provided by the Americans With Disabilities Act and the protections under of the Rehabilitation Act of 1973 (Rehab Act) worthless, ineffective and powerless to protect qualified disabled employees thus hindering qualified disabled employees from gainful employment?

3. Can the Court allow the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) decision in Tom (Appellant in pro se) v. Social Security Administration (SSA) to stand, when the Ninth Circuit, allowed SSA to violate rule Cir. Rule 30-1.3 and Cir. Rule 30-1.4 when SSA chose to withhold evidence Tom cited in her Informal Opening Brief in the joint excerpts of record per Cir. Rule 30-1.3 SSA is responsible/obligated to add all of Tom 's evidence cited in her Informal Opening Brief, in the joint excerpts of record or allow the Ninth Circuit to not enforce Cir. Rule 30-1.3 and Cir. Rule 30-1.4 or allow Ninth Circuit's improper handling of Tom's motion to compel filed September 2, 2023 only two days after the Social Security Administration filed the incomplete excerpts of record filed on July 31, 2023 or allow the Ninth Circuit 's decision to denied Tom 's motion to compel (without notifying Tom at all) 10 months later on May 2, 2024 at 10:59am and five minutes later on May 2, 2024 at 11:04am rewarded SSA for the willfully violation of Cir. Rule 30-1.3 and Cir. Rule 30-1.4 by withholding Tom 's evidence fro

Question Presented (AI Summary)

Can the Supreme Court allow the Ninth Circuit's decision to stand in a case involving termination of a disabled employee by the Social Security Administration for taking sick leave during a reasonable accommodation process, potentially undermining disability rights protections?

Docket Entries

2025-03-03
Rehearing DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2024-12-30
2024-12-09
Petition DENIED.
2024-11-13
DISTRIBUTED for Conference of 12/6/2024.
2024-11-08
Waiver of O'Malley, Martin of right to respond submitted.
2024-11-08
Waiver of right of respondent O'Malley, Martin to respond filed.
2024-09-13

Attorneys

Jennifer Tom
Jennifer Tom — Petitioner
O'Malley, Martin
Elizabeth B. PrelogarSolicitor General, Respondent