Plaintiffs who claim that their employer has failed to make a required accommodation under the Americans with Disabilities Act have the burden of showing that a vacancy was available for a desired reassignment, the 2nd U.S. Circuit Court of Appeals has ruled.
The three-judge appeals panel, affirming a verdict in favor of an employer in the Northern District of New York, said that a prior ruling requiring a plaintiff to prove that a reasonable accommodation actually exists implies that plaintiffs must prove specifically that there were available vacancies in alternative jobs.
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