United States Second Circuit

Summary judgment for defendant-employer on plaintiff's action under the Americans with Disabilities Act is vacated and remanded, where: 1) the district court's determinations with regard to plaintiff's disability discrimination and failure to accommodate claims was based on an incomplete factual analysis, facts which tend to undermine the defendant's claim that a specific arrival time is an essential function of plaintiff's position; 2) plaintiff has suggested plausible accommodations, meeting his burden at this stage of the analysis; and 3) as a matter of law, plaintiff's suggested accommodations do not appear to constitute undue hardships to the defendant and are therefore not unreasonable.

Appellate Information

• Decided 03/04/2013
• Published 03/04/2013

Judges

• WALKER

Court

• United States Second Circuit

Counsel