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Reasonable accommodation not always employee's preferred choice

October 2021 employment law letter
Authors: 
Michael Foley, Jones Walker LLP

A recent employer-friendly decision from the 5th Circuit is a reminder to take disability accommodation requests seriously. Also, remember an accommodation can be reasonable even if it's not the employee's preferred choice.

Facts

In May 2016, Willis Towers Watson (WTW) hired Christian Jennings to work as a seasonal benefits adviser, a position she had held for the three previous seasons. On May 24, during a second day of mandatory training, she fell and was injured in WTW's parking lot.

A doctor diagnosed Jennings with left ankle pain and right shin pain. The doctor cleared her to return to work the following day with certain restrictions, which were expected to last until June 1, 2016. The restrictions included walking no more than two hours per day and refraining from climbing stairs.

Jennings didn't return to the training, which was held on the second floor of a building, because she didn't think WTW had an accessible elevator. She also claimed she asked the employer to have a trainer meet her on the first floor to continue the training and that the request was denied.

Instead, WTW let Jennings know she could restart the training on June 6. She alleged the employer told her if she didn't report for training on that date, she would be unemployed. As offered, she restarted and completed the training.

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