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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, CSB 82-07, 3 (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, CSB 82-07, n.3 (6/5/08).

Even if appellant proved at hearing that she was disabled within the meaning of the ADA, the agency had no duty to accommodate her restriction of not working under her assigned supervisor. In re Felix, CSB 82-07, 3 (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 constitute 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, CSB 82-07, 3 (6/5/08).