The Tenth Circuit clarified that demonstrating that an employer failed to accommodate a disability, standing alone, is not sufficient to succeed on a claim under the Americans with Disabilities Act.
Court rules that UPS did not fail to accommodate when a former driver requested restricted work hours and another work position, holding that former driver was not qualified for the requested position because overtime was an essential function of the job.
AD/HD can pose significant challenges for employees in the workplace. Under certain circumstances, an employee’s AD/HD may rise to the level of a disability covered under the ADA (and ADAAA). This post addresses these issues and discusses how best to engage in the interactive process after a request for accommodation due to AD/HD.