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Motion for Summary Judgment Defeated in Failure to Accommodate Case

Sabatini and Associates defeated a defendant's motion for summary judgment in a failure to accommodate case pending in federal court. Our client was disabled. As a result of the disability, she took a disability leave of absence. When she was medically released to return to work with certain physical restrictions, our client returned to work only to be then told by her employer to go home. Her employer claimed that she could not perform the essential functions of the job given her physical restrictions. The problem with the employer's explanation for sending our client home was that the activity that she could not perform was not an essential function of her job. Furthermore, the employer failed to initiate the interactive reasonable accommodation process. In other words, even if the employer was correct that our client could not perform the essential functions of her job with or without a reasonable accommodation, the employer had the responsibility to check if there was another job position that she could perform and transfer her to that job. The employer completely failed in carrying out that responsibility.

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