Employers Have Duty Under ADA To Reasonably Accommodate Employee's "Obvious" Disability - Even Absent A Request For Accommodation
Brady sued the employer, asserting (among other things) disability discrimination (disparate treatment, hostile work environment, and failure to reasonably accommodate) claims under the Americans with Disabilities Act (ADA) and state law. Brady prevailed in substantial part after a jury trial, and accepted remittitur. The 2nd Circuit affirmed.
Brady suffered from cerebral palsy. Moreover, there was evidence on the record that it was readily apparent that he suffered from a disability. However, Brady never requested an accommodation and in fact testified that he didn't think he needed one. The 2nd Circuit has previously held that "[g]enerally, it is the responsibility of the individual with a disability to inform the employer that an accommodation is needed." Prior to this case, the 2nd Circuit had not been presented with an opportunity to consider when that general rule might be inapplicable. Taking advantage of that opportunity here, the court held "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." The court noted that its approach "is consistent with the statutory and regulatory language, which speaks of accommodating 'known' disabilities, not just disabilities for which an accommodation has been requested."
Brady v. Wal-Mart Stores
The 2nd Circuit Court of Appeals’ jurisdiction includes New York, Vermont and Connecticut.
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