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clarification came after the district court's determination, McAlindin also should be given
the opportunity to demonstrate at trial that his inability to interact with others continues to
persist despite the medication.
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B. Reasonable Accommodation
Having established a genuine issue of material fact with respect to the existence of a
disability, we turn to the issue of reasonable accommodation. The ADA definition of
discrimination includes "not making reasonable accommodations to the known physical
and mental limitations of an otherwise qualified individual with a disability . . . unless
such covered entity can demonstrate that the accommodation would impose an undue
hardship on the operation of the business of such covered entity." 42 U.S.C. § 12112(b)
(5)(A). McAlindin alleges that the County denied him a "reasonable accommodation" in
violation of the ADA when it failed to transfer him to another job, failed to give him
necessary training, and disciplined him for sleeping that was caused by his medications.
Although the district court did not address whether McAlindin's requested
accommodations were "reasonable," the County urges us to affirm on the ground that
McAlindin's requested accommodations were unreasonable. See United States v. Lewis
County, 175 F.3d 671, 679 (9th Cir. 1999) (citation omitted) (panel may affirm on any
ground supported by [**23] the record). In its brief, the County repeatedly asserts that
the fact that it treated McAlindin like all other employees means that it complied with the
ADA. 203 However, the County misapprehends the ADA's requirement of reasonable
accommodation. The issue is not whether McAlindin received the same treatment as
everyone else did, but whether the employer took reasonable steps to accommodate his
limitations in ways that would not impose undue hardship on the County. See 42 U.S.C. §
12112(b)(5)(A) (West Supp. 1999). Here, the County does not present evidence that an
undue hardship would result from transferring McAlindin, finding a way of
accommodating his drowsiness due [*1237] to the medication, or providing...
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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.
- Spring '08