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Failure-to-Accommodate Claim Dismissed for Lack of Identifiable Accommodation

May 5, 2022

Via: SHRM

The U.S. Postal Service (USPS) did not fail to accommodate an employee experiencing major depression and anxiety disorder when it did not transfer the employee to a position reserved for other employees impacted by postal facility consolidations. Nonetheless, the U.S. District Court in the Eastern District of Wisconsin allowed the claimant’s retaliation claim to go to trial based on an “array of circumstantial evidence” primarily composed of derogatory e-mails between the employee’s superiors. This “avalanche of e-mails” could lead a jury to conclude the supervisors engaged in unlawful discrimination of the employee’s mental health condition.

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