Courts find proposed ADA accommodations unreasonable 01-01-00
In the few cases where people are found to be disabled, the courts are finding their proposed accommodations unreasonable.
In one case, brought under the New Jersey Law Against Discrimination, the court found that an employee in fact was disabled, but the employer was not required to accommodate her sporadic and unscheduled absences. The court said this is true even if the employee is using time allotted to her. The court said that reasonably regular, reliable, and predictable attendance is a necessary element of most jobs. Svarnas v. AT&T, 9 A.D. Cases 1777 (New Jersey Sup Ct App Div., 1999)
In another case, the disabled employee requested an accommodation to have a different supervisor. The court said there is a presumption that a request to change supervisors is unreasonable. Kennedy v. Dresser Rand Co., 193 F.3d 120 (2nd Cir., 1999)
| Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first. |