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.
Read McBride v. BIC Consumer Prods. Mfg. Co., No. 07-5689
Appellate Information
Argued: March 9, 2009
Decided: October 5, 2009
Judges
Opinion by Judge Livingston
Counsel
For Appellant:
W. Martyn Philpot, Jr., Law Office of W. Martyn Philpot, Jr., LLC, New Haven, CT
For Appellee:
Michael J. Soltis, Jackson Lewis LLP, Stamford, CT
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