Previous accommodations fail to cancel obligation to engage in interactive process

The U.S. 6th Circuit Court of Appeals (which covers Michigan and Ohio as well as Kentucky and Tennessee) recently reversed the dismissal of a disability discrimination claim against an employer. The employee had requested a transfer to another position, but the appellate court said the employer failed to engage in the interactive process in good faith.

Facts

Michael Fisher began working for Nissan North America in 2003 as a production technician, where he attached doors, hoods, and trunks to new vehicles. When his kidney condition worsened in 2015, he took an extended leave of absence and received long-term disability benefits.

After Fisher received a kidney transplant, he was easily fatigued. His leave and benefits were ending, however, and Nissan told him he couldn’t return to work with restrictions.

When Fisher returned to work on October 17, 2016, Nissan placed him in a job building doors, which it hoped would be easier than his previous position. He claimed, however, the work was much more difficult. His requests to take additional breaks and work half-time were denied. When he requested a transfer to another job, his supervisor gave a noncommittal answer. Before the company made a final decision about the transfer, it granted additional leave.

Fisher returned to his original position in November 2016 but needed time off for appointments and to manage flu-like symptoms from his medications. He began to have attendance problems but had no available leave. He alleged all of his absences were related to his kidney condition.