Takeaway: This decision shows the need for employers and their representatives to listen carefully to employees when they request equipment or considerations that could indicate an unstated disability. The fact that the employer may have been unaware of the plaintiff's diabetic condition and related vision impairment did not relieve it of the obligation to further discuss a requested accommodation, especially once the issue of possible vision impairment was introduced by a company official.
An employer's suggestion to a safety director, when denying his request for an iPad to facilitate reading lengthy documents while traveling among worksites, that he have his eyes examined was sufficient for a reasonable juror to find that the company was on notice of the employee's disability, the U.S. District Court for Southern New York ruled.
The plaintiff, a safety director for a construction firm, was responsible for developing and executing workplace health and safety plans. He was required to read statutes and safety plans on his iPhone as he traveled among multiple worksites and used a safety audit software application to facilitate his work.
The plaintiff requested an iPad so he could see the mobile app on the screen better with less eye strain. At trial, the plaintiff testified that he has heart disease and type 2 diabetes, with a resulting vision impairment. The plaintiff also testified he had told someone at his company that he had problems with his eyesight but couldn't...
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