Nursing Home Was Not Entitled To Summary Judgment On Handicap Discrimination Claim
In
this case, the United States District Court held that a
nursing home and rehabilitation facility was not entitled to summary judgment on
a handicap discrimination claim under Massachusetts law. A Certified Nursing
Assistant (CNA) who was temporarily unable to perform heavy lifting had
requested light duty on the night shift. That request was not one for a
"reasonable accommodation" as light duty only existed on the day shift because
of the relatively small number of employees present on the afternoon and night
shifts. However, the employer apparently failed to engage in an interactive
process with the CNA in response to that request, rejected the possibility of
light duty out of hand, without any discussion of alternatives. It had a legal
duty to consider and discuss possible alternatives, even if only to reject them
as unreasonable.
Gauthier v. Sunhealth
Specialty Services, Inc.