Last Thursday, the Sixth Circuit Court of Appeals affirmed
summary judgment on an ADA reasonable accommodation claim. Obnamia v.
Shinseki, No. 13-4228 (6th Cir. 6-19-14). In that case, the
hearing-impaired plaintiff sought a private office and handrails in a hallway
where she fell and sustained head injuries.
The plaintiff failed to show that a private office was necessary – and thus
reasonable – because she was successfully performing her job without one. Moreover, her requests for a private office
mentioned only her desire to avoid her co-workers. Her physician’s supporting statement indicated
only that it would improve her efficiency, not that that it was essential or
necessary. Similarly unnecessary – and
thus not reasonable – was her request for handrails when she admitted that she
failed to regularly utilize her three-legged cane and wasn’t using it when she
fell. It was more reasonable for her to
use a medically prescribed medical device than to require her employer to
install handrails.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.