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Failure to Provide Reasonable Accommodation Claims in Delaware
What Is a Failure to Provide Reasonable Accommodation?
“Once a qualified individual with a disability has requested provision of a reasonable accommodation, the employer must make a reasonable effort to determine the appropriate accommodation. The appropriate reasonable accommodation is best determined through a flexible, interactive process that involves both the employer and the [employee] with a disability.” (See Patton v. Quality Enters., C. A. N23C-08-316 EMD, at *14-15 (Del. Super. Ct. Dec. 19, 2023); Jones v. United Parcel Serv. (2000) 214 F.3d 402, 407; 29 C.F.R. Pt. 1630, App. § 1630.9).)
“Under the Americans with Disabilities Act, reasonable accommodations are defined as modifications or adjustments to the work environment, or to the manner... under which the position held ... is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position.” (See 29 C.R.F. 1630.2 (o)(1)(ii); Obilor v. E.I. DuPont De Nemours & Co., C.A. No.: N19C-02-174 DCS, at *10 (Del. Super. Ct. Jan. 7, 2021).)
“Employers are obligated to consider if possible reasonable accommodations for an employee's disability are available and offer them to an employee if it is feasible to do so.” (See id.)
“A qualified person with a disability requesting a reasonable accommodation …must apprise the employer…of the person's disability…An employer's duty to make an investigation as to whether there are reasonable accommodations that can be made and then make them only arises once a qualified person with a disability has requested an accommodation.” (See McGlothlin v. Petrunich Oral & Maxillofacial Surgery, N20C-08-186 FWW, at *22-23 (Del. Super. Ct. July 15, 2022).)
Prima Facie Case for a Failure to Provide a Reasonable Accommodation
“In order to make a prima facie case that [an employer] has failed to provide a reasonable accommodation, [one] must show:
- that she is an individual with a disability under the ADA;
- that she can perform the essential functions of her position with an accommodation;
- that her employer had notice of her alleged disability; and
- that her employer failed to accommodate her. . .”
(See Obilor v. E.I. DuPont De Nemours & Co., C.A. No.: N19C-02-174 DCS, at *10 (Del. Super. Ct. Jan. 7, 2021).)
Limits to Providing a Reasonable Accommodation
“Discrimination laws do not require that employers assign existing employees or hire additional employees to perform the essential functions of an employee's job which [the employee] cannot perform because of an impairment.” (See Obilor v. E.I. DuPont De Nemours & Co., C.A. No.: N19C-02-174 DCS, at *10-11 (Del. Super. Ct. Jan. 7, 2021).)
“Courts have also recognized that an employer is not obligated to eliminate or reallocate the essential functions of an employee's job in order to accommodate a disabled employee.” (See id.)
Employer Obligations under Delaware Statute on a Reasonable Accommodation
“Unlike the Federal ADA, the Delaware statute has a specific provision that specifies what constitutes a ‘hardship’ on an employer in terms of the monetary costs associated with accommodation.” (See Obilor v. E.I. DuPont De Nemours & Co., C.A. No.: N19C-02-174 DCS, at *11 (Del. Super. Ct. Jan. 7, 2021).)
“The statute provides: a ‘reasonable accommodation’ . . . does not require than an employer. . . make changes to accommodate a person with a disability where. . . the total cost of the changes [for an existing employee] would bring the total cost of changes made to accommodate the employee's disabilities . . . to greater than 5 percent of the employee's current salary or current annualized hourly wage.” (See Obilor v. E.I. DuPont De Nemours & Co., C.A. No.: N19C-02-174 DCS, at *11 (Del. Super. Ct. Jan. 7, 2021).)
“In other words, under DEPA, the cost of accommodation is not considered a hardship to the employer if the total costs associated with the accommodation are less than 5% of the employee's current salary.” (See id.)
“While the statute does not indicate that an accommodation is a hardship per se as a matter of law if the costs are more than 5% of the employee's salary, it does provide guidance to this Court regarding what constitutes a hardship.” (See id.)
Statutes on a Failure to Provide a Reasonable Accommodation
“According to 6 Del. C. § 4603A(a)(2), discrimination on the basis of a individual's disability includes . . . [a] refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” (See Henlopen Landing Homeowners Ass'n v. Vester, C.A. No. 7229-VCG, at *32 n.136 (Del. Ch. Aug. 1, 2019).)
The EEOC regulations regarding a reasonable accommodation provide “[a]n individual with a record of a substantially limiting impairment may be entitled . . . to a reasonable accommodation if needed and related to the past disability. For example, an employee with an impairment that previously limited, but no longer substantially limits, a major life activity may need leave or a schedule change to permit him or her to attend follow-up or ‘monitoring’ appointments with a health care provider.” (See Wilgus v. Bayhealth Med. Ctr., Inc., K17C-07-032 JJC, at *7 (Del. Super. Ct. July 23, 2018).)
Current as of April 01, 2024 | Updated by Trellis Law Content Team
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Documents for Failure to Provide Reasonable Accommodations in Delaware
23 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE M. DENISE TOLLIVER, ) ) Plaintiff, ) ) v. ) C.A. No. K21C-06-040 NEP ) QLARANT QUALITY SOLUTIONS, INC.,) and RONALD G. FORSYTHE JR. and ) DEBORAH KELLER in their ) individual and official capacities, ) …
County
Kent County, DE
Filed Date
Nov 21, 2022
Court Category
CIVIL MISCELLANEOUS (OTHER)
23 pages
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE KENNETH TALLEY and JANICE TALLEY, Plaintiffs JUDITH TALLEY HORN and ) ) ) v. ) C.A. No. 2021-0011-PWG DARREN HORN, ) ) ) Defendants. MASTERS REPORT Date Submitted: June 10, 2022 Final Report: October 4, 2022 Plaintiff Kenneth Talley, Milton, Delaware, Pro se, and Plaintiff Janice Talley, Dover, Delaware, Pro se David J. Weidman, Esquire, SERGOVIC CARMEAN WEIDMAN MCCARTN…
Case Name
Kenneth Talley v. Judith Talley
Case #
(Subscribe to View)
Case Filed
Jan 06, 2021
Case Status
CLOSED
County
Court Of Chancery, DE
Filed Date
Oct 04, 2022
Court Category
CIVIL ACTIONS
Judge
GRIFFIN, M. PATRICIA W
2 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE JULIA MCGLOTHLIN, Plaintiff, C.A. No.: N20C-08-186 FWW Vv. PETRUNICH ORAL & MAXILLOFACIAL SURGERY, Defendant. wee Se SYS SH YH HW Submitted: May 5, 2022 Decided: July 15, 2022 Upon Defendant Petrunich Oral & Maxillofacial Surgerys Motion for Summary Judgment, GRANTED in part and DENIED in part. MEMORANDUM OPINION Michele D. Allen, Esquire, Emily A. Biffen, Esquire, ALLEN & ASSOCIATES, 4250 Lancaster Pike, Su…
County
New Castle County, DE
Filed Date
Jul 15, 2022
Court Category
CIVIL MISCELLANEOUS (OTHER)
13 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE JAMES THOMPSON, ) ) Plaintiff, ) ) v. ) C.A. No. S20C-08-025 MHC ) JEFFREY FERNBACH, and ) FERNMOOR HOMES, INC. ) a/k/a FERNMOOR HOMES ) AT WOODLANDS PEPPER ) CREEK, DE LLC. …
Case Name
JAMES M. THOMPSON VS. FERNMOOR HOMES
Case #
(Subscribe to View)
Case Filed
Aug 18, 2020
Case Status
CLOSED
County
Sussex County, DE
Filed Date
Apr 01, 2022
Court Category
CIVIL MISCELLANEOUS (OTHER)
40 pages
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE HENLOPEN LANDING ) HOMEOWNERS ASSOCIATION, ) INC., ) ) Petitioner, ) ) v. ) C.A. No. 7229-VCG ) RUSSELL H. VESTER and JAKARA ) VESTER, ) …
County
Court Of Chancery, DE
Filed Date
Aug 01, 2019
7 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE SUZANNE WILGUS, : : Plaintiff, : K17C-07-032 JJC : In and for Kent County v. : : BAYHEALTH MEDICAL : CENTER, INC., : …
County
Kent County, DE
Filed Date
Dec 17, 2018
Court Category
CIVIL MISCELLANEOUS (OTHER)
31 pages
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Quail Village Homeowners Association, Inc., C.A. No. 9131-MG A corporation of the State of Delaware Petitioner, Vv. Janice Rossell, wee ye See HW Respondent. MASTERS REPORT Date Submitted: September 4, 2018 Draft Report: June 25, 2018 Final Report: December 10, 2018 Gary R. Dodge, CURLEY DODGE & FUNK LLC, Dover, Delaware, Attorney for Petitioner. Peter K. Schaeffer, Jr., AVENUE LAW, Dover, Delaware; Attorney for Respondent…
County
Court Of Chancery, DE
Filed Date
Dec 10, 2018
2 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE SUZANNE WILGUS, : : Plaintiff, : K17C-07-032 JJC : In and for Kent County v. : : BAYHEALTH MEDICAL CENTER, : INC., : …
County
Kent County, DE
Filed Date
Jul 23, 2018
Court Category
CIVIL MISCELLANEOUS (OTHER)
14 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE DELAWARE TECHNICAL AND ) COMMUNITY COLLEGE, ) ) v. ) C.A. No. N17A-01-002 ALR ) STATE OF DELAWARE HUMAN ) RELATIONS COMMISSION, and ) DELAWARE DEPARTMENT OF ) STATE, DIVISION OF HUMAN ) RELATIONS, ) and KARIN SAUNDE…
County
New Castle County, DE
Filed Date
May 17, 2017
Court Category
ADMINISTRATIVE AGENCY
2 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE SUSAN PAITSEL : : Plaintiff, : K15C-02-030 JJC : In and For Kent County v. : : STATE OF DELAWARE, : DEPARTMENT OF LABOR, and : DEPARTMENT OF : TRANSPORTATION …
Case Name
SUSAN PAITSEL VS. STATE OF DELAWARE
Case #
(Subscribe to View)
Case Filed
Feb 27, 2015
Case Status
CLOSED
County
Kent County, DE
Filed Date
Apr 07, 2016
Court Category
CIVIL MISCELLANEOUS (OTHER)
3 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STEVEN MCLEOD Plaintiff, v. C.A. No. N11C-03-111 MJB HUGHEY F. MCLEOD eer ses ws Ss SY Defendant. Submitted: February 25, 2015 Decided: April 6, 2015 Upon Plaintiffs Motion to Allow Expert Testimony by Videoconference, GRANTED. OPINION Steven A. McLeod, pro se, 1050 Big Joe Road, Monticello, Florida 32344. Cynthia H. Pruitt, Esq., Doroshow, Pasquale, Krawitz & Bh…
Case Name
STEVEN A MCLEOD VS HUGHEY F MCLEOD
Case #
(Subscribe to View)
Case Filed
Mar 08, 2011
Case Status
CLOSED
County
New Castle County, DE
Filed Date
Apr 06, 2015
Court Category
CIVIL MISCELLANEOUS (OTHER)
23 pages
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Henlopen Landing Homeowners ) Association, Inc., ) Petitioner ) C.A. No. 7229-MA ) v. ) ) Russell H. Vester and Jakara Vester, ) Respondents ) …
County
Court Of Chancery, DE
Filed Date
Feb 25, 2015
42 pages
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE RUSSELL E. WALKER, : : Plaintiff, : v. : : C.A. No. 8607-VCP : CITY OF WILMINGTON, : LEGAL SERVICES : CORPORATION OF DELAWARE, …
County
Court Of Chancery, DE
Filed Date
Sep 05, 2014
13 pages
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY LAKISHA LAVETTE SHORT ) ) Appellant, ) ) v. ) C.A. No. N13A-08-006 MJB ) STATE OF DELAWARE ) …
Case Name
IN THE MATTER OF: LAKISHA LANETTE SHORT
Case #
(Subscribe to View)
Case Filed
Aug 13, 2013
Case Status
CLOSED
County
New Castle County, DE
Filed Date
Aug 05, 2014
Court Category
COURT OF COMMON PLEAS
12 pages
COURT OF CHANCERY OF THE STATE OF DELAWARE DONALD F. PARSONS, JR. New Castle County Courthouse VICE CHANCELLOR 500 N. King Street, Suite 11400 Wilmington, Delaware 19801-3734 Date Sub…
County
Court Of Chancery, DE
Filed Date
Apr 16, 2013
