United States Second Circuit

In an action alleging that defendant-employer violated the Americans with Disabilities Act by terminating plaintiff's employment rather than reasonably accommodating her disability, summary judgment for defendant is affirmed where: 1) plaintiff failed to provide evidence that, with aid of a reasonable accommodation, she was qualified for either her pre-disability position or a suitable vacant position to which she could have been reassigned; and 2) in the absence of such evidence, an employer's failure to engage in an interactive process intended to discover an accommodation suitable to both parties is immaterial.

Appellate Information

• Decided 10/05/2009
• Published 10/05/2009

Judges

• DEBRA ANN LIVINGSTON, Circuit Judge:, Before: WALKER, LIVINGSTON, Circuit Judges, KAPLAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• W. Martyn Philpot, Jr., Law Office of W. Martyn Philpot, Jr., LLC, New Haven, CT, for Plaintiff-Appellant.


• For Appellees:
  
• Michael J. Soltis, Jackson Lewis LLP, Stamford, CT, for Defendant-Appellee.