Employer’s Accommodation Is Enough


A Dairy Queen appropriately accommodated an employee’s legal blindness, even though it imposed the accommodation unilaterally. In Bunn v. Khoury Enterprises, Inc., No. 13-2292 (7th Cir. May 28, 2014), the employer determined that a legally blind employee could not perform the essential functions in all of the restaurant’s “duty stations.” Rather than place the employee into the typical duty-station rotation, the store manager worked with the employee to determine which functions he could perform, and then scheduled the employee exclusively to one department where he could perform the necessary duties with minimal additional accommodation. The employee sued alleging that he asked for additional, or different, accommodations, which the employer denied, but the court ruled the chosen accommodation was enough. The ADA’s interactive process “is not an end in itself,” and the concern lies “with the ends, not the means.” According to the court, the “job restructuring,” or the change in the way things were “customarily done,” “was exactly the kind of accommodation envisioned by the regulations applicable to the ADA” even without the interactive process.


Written by:

Published In:


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sherman & Howard L.L.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.