Monday, June 23, 2014

Sixth Circuit Rejects ADA Claim for Private Office by Hearing Impaired Plaintiff

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.