McBride v. BIC Consumer Prods. Mfg. Co., No. 07-5689 - U.S. Second Circuit
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McBride v. BIC Consumer Prods. Mfg. Co., No. 07-5689

In an action alleging that defendant-employer violated the Americans with Disabilities Act by terminating plaintiff's employment rather than reasonably accommodating her disability, summary judgment for defendant is affirmed where: 1) plaintiff failed to provide evidence that, with aid of a reasonable accommodation, she was qualified for either her pre-disability position or a suitable vacant position to which she could have been reassigned; and 2) in the absence of such evidence, an employer's failure to engage in an interactive process intended to discover an accommodation suitable to both parties is immaterial.

Read McBride v. BIC Consumer Prods. Mfg. Co., No. 07-5689

Appellate Information

Argued: March 9, 2009

Decided: October 5, 2009

Judges

Opinion by Judge Livingston

Counsel

For Appellant:

W. Martyn Philpot, Jr., Law Office of W. Martyn Philpot, Jr., LLC, New Haven, CT

For Appellee:

Michael J. Soltis, Jackson Lewis LLP, Stamford, CT