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Iverson v. City of Shawnee, Kansas, 10th Cir., No. 08-3264, June 17, 2009.

Articles Discussing Case:

ADA’s Interactive Process May Require Plaintiff to Identify Open Position for Transfer.

Ogletree Deakins • July 13, 2009
As defined under the Americans with Disabilities Act (ADA), the term “discriminate” includes an employer’s failure to make reasonable accommodations to the limitations of a disabled employee. Reasonable accommodation may include reassignment to a vacant position within the company. The 10th U.S. Circuit court of Appeals recently held that a disabled employee could not support her failure-to-accommodate claim under the ADA, because she did not present evidence of any specific vacant positions to which she could have been transferred.