Employment — disability discrimination — accommodation

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U.S. Court of Appeals for the 7th Circuit

Civil

Employment — disability discrimination — accommodation

An employer’s failure to provide additional services of a job coach to an employee with Down’s Syndrome was not a failure to accommodate under the ADA.

“After the flag pin incident, the parties agree that Diana Reeves suggested to Sean’s supervisor that Reeves work with a job coach again. The supervisor told her not to worry, and that a job coach was not necessary. Diana Reeves did not press the issue, and did not ask again. She did not suggest that a job coach would help prevent future profane outbursts; indeed, she did not request a job coach after any of Sean’s previous infractions that involved cursing in front of customers. On these undisputed facts, Diana Reeves did not make “reasonable efforts to help the other party decide what reasonable accommodations are necessary.” Id. After being told that Jewel did not think the job coach was necessary, she did not suggest alternative accommodations or express a fear Sean would have additional, more serious, behavior problems. A tentative request for an accommodation to address minor theft does not imply a request for an accommodation for inappropriate verbal outbursts that violate the employer’s anti-harassment policies.”

Affirmed.

13-3782 Reeves v. Jewel Food Stores, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Der-Yeghiayan, J., Kanne, J.