What constitutes a failure to accommodate an employee's disability under the Rehabilitation Act?

MultiRegion, United States of America

The following excerpt is from Channel v. Wilkie, No. 2:18-cv-02414 MCE AC (PS) (E.D. Cal. 2019):

The failure to accommodate an employee's disability may amount to disability discrimination under the Rehabilitation Act. See Zukle v. Regents of the Univ. of California, 166 F.3d 1041, 1045-46 (9th Cir. 1999). To state a failure to accommodate claim, a complaint must allege facts sufficient to show that: (1) plaintiff is a person with a disability, (2) plaintiff can perform the essential functions of the job, with or without accommodation, and (3) reasonable accommodation is possible. Buckingham v. U.S., 998 F.2d 735, 739-40 (9th Cir. 1993). To establish a prima facie claim for discrimination, plaintiff must show that: (1) she is "disabled" as that term is defined in Section 504 of the Act, (2) she was "otherwise qualified" for benefits she was denied, and (3) she was discriminated against solely on the basis of disability. Zukle, 166 F.3d at 1045.

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