Tag Archives: interactive process

EEOC has defined “ability to interact with others” as a major life activity, making social anxiety disorder a disability under the ADA.

social outsiderAn employee fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her “social anxiety disorder” is being allowed by the 4th U.S. Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, 4th Circ., No. 13-2212, March … Continue Reading

Employee cannot claim lack of accommodation after quitting her job during the interactive process.

diabetesA diabetic employee who quit her job in response to the employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), because she failed to participate in the interactive process in good faith, according to the 1st U.S. Circuit Court of Appeals. EEOC v. Kohl’s Dep’t Stores, Inc., 1st … Continue Reading

Interactive process is crucial element of analysis in disability discrimination cases.

Most employers recognize the fact that in addition to federal anti-discrimination laws, state and local laws – which often are more expansive – must be taken into account when making disciplinary and termination decisions related to protected individuals. In a case decided under New York state laws, that state’s highest court reversed summary judgment for … Continue Reading

Employer’s reliance on third party assessment to determine reasonable accommodation may lead to ADA liability.

The 6th U.S. Circuit Court of Appeals recently addressed an issue of first impression, finding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, 6th Cir., No. 11-2276, January 10, 2013. In addition, however, the Court made a number of other, more generally … Continue Reading