Block on Trump's Asylum Ban Upheld by Supreme Court
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.
Argued: March 9, 2009
Decided: October 5, 2009
Opinion by Judge Livingston