7th Affirms Summary Judgement On ADA Claim Against Air Traffic Controller

Bellino v. Peters, ___F.3d ___(7th Cir. June 19, 2008), demonstrates an important principle of employment discrimination under the ADA. A plaintiff does not get to pick his reasonable accommodation. If he is offered one and refuses it, his case will be dismissed. That is exactly what happened here. As the court reasoned:

The district court held that Bellino was in fact disabled
but nonetheless dismissed his claim because he had refused
the FAA’s offer to transfer him to the TRACON, which was
a “reasonable accommodation.” On appeal, however, it’s
unnecessary to pass on whether Bellino was a “qualified
individual with a disability.” Because he rejected the FAA’s
offer of a “reasonable accommodation,” his discrimination
claim fails regardless whether he is actually disabled.

Additionally, in determining what is a reasonable accommodation, the parties are normally required to engage in an interactive process to find a reasonable accommodation. Even though the employer did not comply with this mandate, the plaintiff claim still failed because the employer in fact offerred the plaintiff a reasonable accommodation.

Mitchell H. Rubinstein

Hat Tip: Jack Sargent's Newsletter