Discrimination – Americans With Disabilities Act – Failure to Accommodate

Listen to this article

7^th Circuit Court of Appeals

Case No.: 14-2911

Case Name: Michael Dunderdale v. United Airlines, Inc.

Officials: BAUER, RIPPLE, and ROVNER, Circuit Judges.

Practice Area: Discrimination – Americans With Disabilities Act – Failure to Accommodate

Summary judgment appropriate in favor of airline in case where appellant failed to respond to opportunities to be moved to another position

“it is undisputed that Dunderdale failed to apply for any other position with United while he was on EIS. Other than repeating his request for a no-bid position in October 2011 and April 2013, he made no effort to obtain any other reasonable accommodation, and even refused to participate in the proposed RAP sessions on August 24, 2011, and November 22, 2011. Furthermore, it was Dunderdale’s duty to search Skynet for job openings while he was receiving benefits on EIS, and his failure to do so does not establish that United failed to reasonably accommodate his disability. See Weiler v. Household Finance Corp., 101 F.3d 519, 526 (7th Cir. 1996) (employer reasonably accommodated employee by granting her requested time off work, short-term disability benefits, extended leave, and allowed her to use company’s “posting” procedure to apply for available positions).”

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.