Where a defendant employer was awarded summary judgment on a plaintiff’s disability discrimination claim, that judgment should be affirmed because of the plaintiff’s failure to show that a reasonable accommodation existed that would have let her do her job within the restrictions recommended by her doctor.
“… The only claims relevant here are those charging disability discrimination under the federal Americans with Disabilities Act (‘ADA’), age discrimination under the federal Age Discrimination and Employment Act (‘ADEA’), and unlawful retaliation under the commonwealth Law 115. …
“Plaintiff insists that Defendant failed to reasonably accommodate her disability, as required by the ADA. Put aside that a leave of absence — even an unpaid one — may be a reasonable accommodation in some scenarios. … Put aside as well that an employer need not give an employee her preferred accommodation. … Instead focus on how Plaintiff — not Defendant (as she suggests) — had to show that a reasonable accommodation existed that would let her do her job within her restrictions, which again (according to her doctor) were that she ‘avoid smoke, vapors, reluctant odors, humid areas which can unleash the worsening of her pulmonary condition.’ … A big problem for her is that she identified no accommodation that fit the bill (Defendant made this point in its brief, and Plaintiff did not even file a reply brief trying to rebut the point) — an omission that dashes her reversal hopes for this claim. …”...
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