United States Federal Circuit

Defendant's decision, awarding damages and ordering the permanent assignment of a disabled city employee to the position of subway operator as a reasonable accommodation under the ADA, is affirmed. Substantial evidence shows that the reasonable accommodation was possible without unduly burdening the employer.

Appellate Information

• Decided 03/11/2004
• Published 03/11/2004

Judges

• PROST, Circuit Judge., Before LOURIE, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Matthew M. Collette, Attorney, Washington, DC, argued for petitioner.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  and, Marleigh D. Dover, Attorney.


• For Appellees:
  
• Peter A. Eveleth, General Counsel, Washington, DC, argued for respondent Office of Compliance.   With him on the brief were Michael R. Lemov, Deputy General Counsel;  and Chery l. Polydor, Attorney., Sarah J. Starrett, Beins, Axelrod, Kraft, Gleason & Gibson, P.C., Washington, DC, argued for respondent Juanita Johnson.   With her on the brief was Beth Slavet.