This preview shows page 1. Sign up to view the full content.
Unformatted text preview: him with
additional training outside of the office environment. Given this omission, we cannot
conclude that those activities would have imposed an undue burden on the County.
Indeed, the evidence suggests the contrary.
The essence of the concept of reasonable accommodation is that, in certain instances,
employers must make special adjustments to their policies for individuals with
disabilities. See Shapiro v. Cadman Towers, Inc., 51 F.3d 328, 334-35 (2d Cir. 1995)
[**24] (rejecting argument that reasonable accommodation "requires only equal
treatment"). The ADA places a "duty to accommodate" on employers in order to remove
barriers that could impede the ability of qualified individuals with disabilities to perform
their jobs. Criado, 145 F.3d at 445. Moreover, this is a "'continuing'" duty that is "'not
exhausted by one effort'." Id. (quoting Ralph v. Lucent Techs., Inc., 135 F.3d 166, 172
(1st Cir. 1998)).
In addition, we note that once McAlindin is viewed as disabled, the major life activities
affected by the impairment are relevant only to the extent that they affect the type of
accommodation that may be necessary and whether the employer has provided a
reasonable accommodation. The existence of a genuine issue of material fact regarding
disability and of one regarding reasonable accommodation require separate inquiries. In
the reasonable accommodation analysis, we focus on the impairment as relevant to the
workplace and thus on whether the employer is making reasonable accommodations. Cf.
Bragdon v. Abbott, 524 U.S. 624, 118 S. Ct. 2196, 2204-07, 141 L. Ed. 2d 540 (1998)
(discussing the ability to reproduce as the major life activity at issue with respect to HIV
even though the discrimination involved refusal to provide medical care that was in no
way connected to reproduction). "The two inquiries--namely, whether McAlindin is
disabled and what constitites reasonable accommodation for that disability--only intersect
to the extent that...
View Full Document
This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08