CourtCases2010

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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...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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