The 4th Circuit Court of Appeals recently held that an employee could establish a failure to accommodate claim under the Americans with Disabilities Act, where the employee requested to be moved to other positions but instead the employer placed him on unpaid leave. This case serves as an important reminder that, while leave can be a reasonable accommodation, it may not always be, and an employer must always engage in the interactive process.
Background
Employees with bona fide disabilities under the ADA are entitled to “reasonable accommodations” to enable them to perform the essential functions of their jobs. Employers must engage in the “interactive process” to determine, alongside the employee, what reasonable accommodation can be given. We recently wrote about the growing trend in leave as a reasonable accommodation. However, the 4th Circuit Court of Appeals has reminded us that leave may not always satisfy the ADA.
Dieng v. Orkin, LLC
In Dieng v. Orkin,a pest control technician… Read the complete article here...
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