Following a hearing, the State Court of Richmond County dismissed Wynetha Williamson’s disability discrimination complaint against the Georgia Department of Human Resources and the Georgia Regional Hospital. Williamson appeals, contending the trial court erred in finding that her claim under Title I of the federal American with Disabilities Act of 1990, 42 USC § 12101 et seq., “the ADA” was barred under the doctrine of sovereign immunity. Williamson also argues the trial court erred in finding that her claim under the federal Rehabilitation Act of 1973, 29 USC § 701 et seq., “the Rehabilitation Act” was barred by the statute of limitation. For the following reasons, we reverse.
A complaint should be dismissed only if the allegations of the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts. Raza v. Swiss Supply Direct, Inc., __Ga. App.__ __SE2d__ Case No. A02A0072, decided June 27, 2002. We review the sufficiency of the complaint de novo and construe it in the light most favorable to the plaintiff with all doubts resolved in her favor. Id. Viewed in this light, the record shows the following: For over 25 years, Williamson worked as a licensed practical nurse at Georgia Regional Hospital in Augusta. From 1990 to 1999, Williamson had carpal tunnel syndrome which interfered with her ability to perform her job duties. Beginning in July 1998, Williamson asked for a change in her duties but, at the Hospital’s suggestion, took a leave of absence instead. Beginning in October 1998, Williamson was medically cleared to return to work with light duty restrictions, and she requested that she be allowed to return to work subject to the medically indicated restrictions. On February 12, 1999, the Hospital informed Williamson that lifting more than 30 pounds, which Williamson was not medically cleared to do, was an essential function of her job and that her inability to perform that essential function could not be accommodated. Absent medical clearance to perform the essential functions of her job, the Hospital said, Williamson would be released from her employment. On April 9, 1999, the Hospital approved Williamson’s request to return to work with modified duties.
