Americans with Disabilities Act (ADA)

Americans with Disabilities Act (ADA) [See also Discrimination - Disability]

Assignment to a different supervisor is not a reasonable accommodation under the ADA.   In re Felix, CSA 82-07, 3 (CSB 6/5/08).

The inability to work under one's assigned supervisor is not a substantial limitation on a major life activity as defined under the ADA.   In re Felix, CSA 82-07, 3 (CSB 6/5/08).

Even if appellant proves at hearing that she is disabled within the meaning of the ADA, the agency has no duty to accommodate her restriction of not working under her assigned supervisor.   In re Felix, CSA 82-07, 3 (CSB 6/5/08), citing MacKenzie v. City and County of Denver, 414 F. 3d 1266, 1276 (10th Cir. 2005); Siemon v. AT&T Corp., 117 F.3d 1173, 1176 (10th Cir. 1997); EEOC Enforcement Guidance:; Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, Question 33 (EEOC Notice No. 915.002, Oct. 17, 2002). 

Appellant's claim, that a change of supervisor may constitutes a reasonable accommodation is unavailing where appellant sought to be transferred to a different supervisor without any change in her duties or the clients she serves.  In re Felix, CSA 82-07, 3 (CSB 6/5/08).

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