ADA claim – Even accommodating employers may risk litigation

Description

Abstract: Employers can offer accommodations to disabled employees and still be sued for violation of the Americans with Disabilities Act. Recently, the Eighth Circuit was tasked with deciding whether, when an employee was transferred to a new position as an accommodation, but didn’t want the job, it was an adverse action. This article summarizes the case and reminds employers that accommodation should be an interactive process. Kelleher v. Wal-Mart Stores, Inc., No. 15-2015, Mar. 31, 2016 (8th Cir.)