Disability Discrimination Laws Broadened
In a recent disability discrimination case, Brady v. Wal-Mart Stores 531 F.3d 127 (2nd Cir., 2008), the Second Circuit Court of Appeals broadened the requirement of an employer to reasonably accommodate a disabled employee.
Our courts have previously held that it is the individual disabled employee’s responsibility to request that an accommodation be granted. This disability discrimination case, which was brought under the Americans with Disabilities Act, is significant in that the court held the following:
“an employer has a duty to reasonably accommodate an employee's disability if the disability is obvious - which is to say, if the employer knew or reasonably should have known that the employee was disabled.”
In Brady, the plaintiff suffered from cerebral palsy and there was evidence in the record that his disability was readily apparent. The Plaintiff never requested an accommodation because he didn’t know one was required.
The Second Circuit, in discussing this broadening of its approach, commented that it “is consistent with the statutory and regulatory language, which speaks of accommodating ‘known’ disabilities, not just disabilities for which an accommodation has been requested.”
