Transfer to new supervisor held not a “reasonable accommodation”
What if a disabled employee’s preferred accommodation is to be transferred to a new supervisor? In a recent Pennyslvania case, the Third Circuit held that an employer was within its rights to deny such a request as it would not have been a “reasonable accommodation” required under the ADA (the Americans with Disabilities Act).
The Third Circuit observed that the employer had met its obligation to engage in the ADA’s required “interactive process” by exploring the disabled worker’s purported need for accommodation. The company had “met with her, considered her requests, and offered several accommodations, including a part-time work schedule.” The worker had, in turn, rejected all efforts to reach an accommodation. The Court observed that she was simply “unwilling to agree to any accommodation that included continued supervision by” her supervisor. The Court rejected her request for a new supervisor, holding it was not required by the ADA, and noting further that courts are not authorized by the ADA to restructure the terms of employment.
Source: Sessoms v. Univ. of Penn., case no. 17-2369 (3rd Cir. 6/20/18).