Takeaway: While the requirements of a collective bargaining agreement (CBA) were conclusive in this case, any unilaterally adopted system of employee rights and benefits might arguably relieve an employer of the obligation to grant a particular disability accommodation if doing so would negatively impact the expectations of other employees. Despite the ruling that failure to engage in the interactive process is not independently actionable, however, an employer acts at its peril if it bypasses that step.
A flight attendant's requests to excuse her from the collectively bargained schedule bidding system or to reassign her to general office work were not plausibly reasonable accommodations under the Americans with Disabilities Act (ADA), according to the 10th U.S. Circuit Court of Appeals.
The flight attendant, a person recovering from alcoholism, wanted to avoid overnight layovers because they tempted her to drink. To minimize overnights, the flight attendant asked the airline either to excuse her from the bidding system for flight schedules—so she could have first dibs on single-day trips—or to reassign her to the general office. The airline rejected both requests.
Ultimately, the flight attendant was fired for missing too many assigned flights under the airline's attendance program. She, in turn, sued the airline for unlawful termination and retaliation under the ADA. The district court granted summary judgment to the airline in the absence of genuine issues of material...
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