COA Finds Employer Violated ADA When it Fired Employee Without Determining Whether a Reasonable Accommodation Was Available

Intro by Allison Martin, Indiana University Robert H. McKinney School of Law

In its opinion upon rehearing, dated July 2, 2018, the Indiana Court of Appeals affirmed its original opinion that the Knox County Association for Retarded Citizens illegally fired an employee who suffered from a seizure disorder. After the seizure disorder had been diagnosed, the employee was restricted in some of the essential functions of her job without reasonable accommodation. Although she had identified at least four vacant positions that she could have filled, the employer did not discuss possible accommodations as part of the interactive process. Thus, the employer violated the ADA.

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