One of the principal effects of the Americans With Disabilities Amendments Act will be to place greater emphasis on the determination of whether an employee seeking an accommodation is “otherwise qualified” for his or her position, and, if so, whether the employer has effectively engaged in the “interactive process.”
Both of these issues were addressed in the Aug. 24 decision of the U.S. District Court for the Eastern District of Pennsylvania in Brunson v. Peake . While the decision addresses an employer’s obligations under the Rehabilitation Act, the analysis and the accommodation standard is equally applicable to the ADAAA.
