Total Articles: 4
11 Employer FAQs: (No. 1) What exactly is this "interactive process" we hear so much about?
Over the next 11 business days, I'll have a series of short posts addressing common questions that employers have about the law. If there is an "FAQ" that you would like for me to address, please let me know in the comments box.
Plaintiff must request an accommodation that allows him to perform the essential functions of the job in order to support ADA claim.
A medical resident with Asperger’s Disorder was unable to meet his burden, in his ADA lawsuit against his hospital employer, that he was “otherwise qualified” for his position. The 6th U.S. Circuit Court of Appeals upheld summary judgment in favor of the hospital, because the resident’s requested accommodation - that the hospital physician and staff be educated on the symptoms and triggers of Asperger’s - did not address the key obstacle preventing him from performing a necessary function of his job, or resolve his inability to fulfill his responsibilities as a hospital resident.
Court Must Examine Interactive Process in ADA Lawsuit.
The Ninth Circuit has held that a trial court could not rule against a hearing impaired employee in an ADA case without evaluating whether the employer engaged in the interactive process of accommodation required by the Americans With Disabilities Act.
Ninth Circuit Reverses Summary Judgment In Favor Of Employer Where Collective Bargaining Agreement Does Not Bar Employee's Requested Accommodation And Where Conflicting Evidence Exists.
Discusses Morton v. United Parcel Service, Inc., in which the court held that employers who have failed to engage in the “interactive process” with a disabled employee will rarely be able to demonstrate as a matter of law the absence of a reasonable accommodation that does not impose an undue hardship on the employer.
