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Accommodation of Underlings Not Reasonable under Louisiana Discrimination Law, Federal Court Rules

April 23, 2013
Source: Lexology

The Court held that an employee who could perform the essential functions of her position only by delegating them to two subordinates failed to establish she was an “otherwise qualified disabled person.” Sue Bell worked as the cost controller/estimator in Hercules Lifeboat Company’s dry dock department. In November 2009, Bell was diagnosed with breast cancer. In March 2010, she went on disability leave. She returned to work four months later cancer-free; however, she was placed on a five-year medication regimen. Bell testified that her medication “made it, basically, impossible to work” and she had to delegate her job responsibilities to two subordinates. Without the subordinates performing her work, Bell said, she “wouldn’t have been able to accomplish anything.”

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