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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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- Spring '08