On May 4, 2017, the U.S. Court of Appeals for the Seventh Circuit in Brown v. Milwaukee Board of School Directors affirmed the summary judgment dismissal of a former employee’s disability discrimination claim under the ADA. While the employer consistently sought to find reasonable accommodations, plaintiff failed to engage in the interactive process because neither she nor her doctor clarified the extent of her restrictions despite the board’s multiple written requests.
Employers who engage in the interactive process in good faith, and document their efforts are much better positioned to prevail in failure to accommodate claims.