Last month, the Second Circuit Court of Appeals issued a decision in Tudor v. Whitehall Central School District, holding that plaintiffs suing their employers for failure to provide a reasonable accommodation do not need to prove that the accommodation was necessary to perform the employee’s essential functions of their job. In other words, even if an employee can perform the essential functions of their job without an accommodation, but they have a disability, they may still be entitled to an accommodation. The case was remanded to the lower court to delve into issues not reached by the Circuit Court such as reasonableness and undue hardship.

We will be keeping an eye on this matter at the lower court level as the decision there will help inform how and to what degree our clients will be impacted by the Second Circuit case.

As always, Honeywell Law Firm is available to assist with any questions. Please contact our office at (518) 512-4580 or info@honeywelllawfirm.com.