CourtCases2010

A plaintiff need not show that she was fired demoted

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Unformatted text preview: McAlindin's disability manifests itself in the workplace". The fact that the County generally requires employees to arrange their own transfers or disciplines all employees who sleep at work thus does not end the inquiry. Instead, the issue is whether a particular accommodation would be burdensome to the employer. According to the statutory language, the presumption is that the accommodation is required "unless [the employer] can demonstrate that the accommodation would impose an undue hardship." 42 U.S.C. § 12112(b)(5)(A) [**26] (emphasis added). Consequently, we cannot affirm on the ground that McAlindin's requested accommodations are unreasonable because the County has presented no evidence indicating that arranging a transfer, for example, would impose an "undue hardship." The ADA specifically states that "'reasonable accommodation' may include . . . job 204 restructuring, part-time or modified work schedules, [and] reassignment to a vacant position." Id. § 12111(9)(B). This conclusion is reinforced by evidence suggesting that McAlindin's request was not unduly burdensome. McAlindin asserts that "vacancies occur with some frequency, because of transfers, and attrition." The County has not disputed this claim. It has not alleged an absence of available vacant positions that McAlindin can perform. Nor has it explained where McAlindin is on the transfer list or why, years after he brought suit, McAlindin has not been offered a transfer. There is no evidence that deviating from its transfer policy would create an "undue hardship" for the County. [*1238] On the contrary, it appears that transferring McAlindin due to his anxiety disorder would not unduly disrupt other employees' expectations because the County's [**27] transfer list is unranked and transfers are distributed in an ad hoc manner at the discretion of the hiring department. Cf. Shapiro, 51 F.3d at 336 (noting that "the extent to which a 'reasonable accommodation' for a handicapped individu...
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