COURT

CASE

IMPORTANT POINTS

• To prove discrimination based on a failure to accommodate, an employee must first prove that: 1) He/she was qualified to fill the vacant positions; and 2) The employer failed to take affirmative measures to make known job opportunities to the employee and to determine whether employee was in fact qualified for such positions.
• Metro failed to reasonably accommodate the employee where it treated him as any other applicant, did not determine the extent of his disability, did not call him into the office to assist him in applying for other positions, and failed to take affirmative steps to help him find another position.

• Employer need not provide accommodation requested.
• Employer is required to transfer employee to an alternative position if such a position exists and employee is qualified to perform it.