Issue: Under federal law, what must a plaintiff show in order to support a jury’s finding that an employer failed to provide an employee with a reasonable accommodation under the Americans with Disabilities Act (the ADA)?
| Area of Law: | Employee Law |
| Keywords: | Reasonable accommodation; Vacant position; Employer's failure to provide |
| Jurisdiction: | Federal |
| Cited Cases: | 138 F.3d 629; 165 F.3d 441; 145 F.3d 809 |
| Cited Statutes: | 42 U.S.C.A. § 12111(9)(b); 29 C.F.R. § 1630.2(o)(2)(ii) |
| Date: | 02/01/2001 |
Under the ADA, the reassignment of an employee to a vacant position is considered a reasonable accommodation. 42 U.S.C.A. § 12111(9)(b) (West 1995); 29 C.F.R. § 1630.2(o)(2)(ii) (1998). See Smith v. Ameritech, 129 F.3d 857, 867 (6th Cir. 1997) (applying regulation). Similarly, giving an employee leave time can be a reasonable accommodation. Keever v. City of Middletown, 145 F.3d 809, 813 (6th Cir.), cert. denied, 119 S. Ct. 407 (1998). An employer has failed to accommodate an employee who shows, for example, that there were positions vacant at the defendant company, for which the plaintiff was qualified, at the time when the defendant was ostensibly trying to accommodate the employee with permanent placement. Cf. Smith, 129 F.3d at 867.
Sixth Circuit law is clear that although the plaintiff employee has the initial burden of proving that a proposed accommodation is objectively reasonable, Cassidy v. Detroit Edison Co., 138 F.3d 629, 635 (6th Cir. 1998); Smith, 129 F.3d at 866, the defendant employer bears the burden of proving that a proposed accommodation would impose an undue hardship, id. at 866. To determine whether an accommodation is reasonable, the employer may consider the given job and its essential functions, the employee’s impairments and limitations, whether and to what extent an accommodation would be effective in making the employee able to perform the job, and the employee’s preference. Keever, 145 F.3d at 812 (citing 29 C.F.R. § 1630.9(a), appendix). Thus, although an employee may not insist on a […]