Court Case: Employee's ADA Claim Unreasonable
01 December 2013
Print Issue: December 2013
An employee who could not do her job part time while healing from an injury may not subsequently claim that maintaining that part-time job was a reasonable accommodation for her disability. An employee suffering from a back injury was absent from work or unable to complete even a few hours a day in her job. When she was terminated, the employee filed a lawsuit under the Americans with Disabilities Act claiming that maintaining her part-time job should have been offered as a reasonable accommodation. A federal appeals court ruled that the employee’s request was unreasonable because the employee could not demonstrate that she was capable of filling this position if it were offered to her.