2d Circuit: Disability Accommodation (Effective, Though Not Preferred) Was ADA-Compliant

In Hazelwood v. Highland Hospital, 17-4139 (2d Cir. March 1, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s (a deaf woman) claims of failure to accommodate and unlawful retaliation under the Americans with Disabilities Act (ADA).

The court provides some guidance as to what qualifies as an ADA “reasonable accommodation”:

A reasonable accommodation “enable[s] an individual with a disability who is qualified to perform the essential functions of that position.” 29 C.F.R. § 1630.2(o)(1)(ii). Employers are not required to provide an accommodation that the employee prefers — all that is
required is that the employer provide an effective accommodation[.]

It held that defendant “provided [plaintiff] with an effective accommodation by having her co-workers and supervisors relay, on [defendant]’s behalf, critical test results to requesting physicians” and noted that plaintiff “concedes the
accommodation allowed her to fulfill her job duties and provides no evidence to suggest any of those test results were not relayed to physicians or were delayed beyond the requisite time frame for delivering them.”