In August of 2013, the United States District Court for the Eastern District of Kentucky heard a case involving a Lexington woman who claims that while employed with the defendant that she suffered from anxiety and depression and requested that the defendant accommodate her disability by assigning her to a different shift. (See Beair v. Summit Polymers, 2013 WL 4099196 (E.D. Ky. 2013)). The female employee’s Lexington Disability Discrimination (American with Disabilities Act (ADA) lawyer filed a Complaint with two counts. The first had to do with the failure to reasonably accommodate her disability and the second for retaliatory firing because she requested the reasonable accommodation.
Under the ADA an employer is “required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability…” (cites omitted). The standard for a prima facie case is 1) she is disabled within the meaning of the Act; 2) she is otherwise qualified for the position, with or without reasonable accommodation; 3) her employer knew or had reason to know about her disability; 4) she requested an accommodation; and 5) the employer failed to provide the necessary accommodation.” (cites omitted). The Lexington Disability Discrimination (American with Disabilities Act (ADA) lawyer handling plaintiff’s case had to take a lot of depositions in this case.
In this case, the issue turned on whether the plaintiff had presented sufficient evidence that she is disabled within the meaning of the Act, that she is otherwise qualified for the position, and that she requested a reasonable accommodation. (cites omitted). As to the first issue, the court found that Lexington disabled woman did present sufficient evidence that she was disabled. She submitted sufficient evidence that she was diagnosed with major depressive disorder and PTSD. Id.
Next, the court found that the Lexington disabled plaintiff did present sufficient evidence that she was qualified for the position. The plaintiff worked as a production worker for about a decade and received good performance reviews.
Finally, the court looked at whether or not there was a vacation position to put the Lexington disability discrimination employee. “A ‘reasonable accommodation’ under the ADA may include ‘reassignment to a vacant position’” (cites omitted). “However, this duty does not require employers ‘to create new jobs [or] displace existing employees from their positions… in order to accommodate a disabled individual.” (cites omitted). Thus, since plaintiff could not prove this issue, the court found that her failure to accommodate claim failed.
As to the Lexington disability discrimination retaliation claim, the court looked to see if 1) she engaged in protected activity, 2) suffered an adverse employment action, 3) that the protected activity caused the adverse employment action. (cites omitted). The court found that this claim and plaintiff’s burden had been established and it was allowed to survive defendant’s motion for summary judgment.
If you have been the subject of a Lexington Disability Discrimination (American with Disabilities Act (ADA) lawyer case, please call and speak to a Lexington Disability Discrimination (American with Disabilities Act (ADA) lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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