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Kowitz v. Trinity Health (8th Cir. 2016)

Articles Discussing Case:

The Eighth Circuit & the ADA, Part II: Must a Request for Accommodation be Explicit?

Ogletree Deakins • November 02, 2016
In contrast to Parker v. Crete Carrier Corporation, et al, in Kowitz v. Trinity Health, et al, No. 15-1584 (October 17, 2016), a split panel of the Eighth Circuit Court of Appeals reversed summary judgment for an employer on an Americans with Disabilities Act (ADA) claim, finding a factual dispute about whether the employer knew the employee needed an accommodation despite the absence of a formal request for accommodation.

To Accommodate or not to Accommodate: How to Know if Your Employee Actually Requested a Reasonable Accommodation

Franczek Radelet P.C • October 20, 2016
A divided federal appeals court recently reminded employers that an employee’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”) need not be explicit in order to invoke the interactive accommodation process. In Kowitz v. Trinity Health, the Eighth Circuit Court of Appeals found that, based on the circumstances presented in the case, an employee had made an implied request for a reasonable accommodation.