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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Gaston v. Bellingrath Gardens & Home, Inc., 167 F.3d 1361 (11th Cir. February 12, 1999)

Keywords: ADA (duty to seek reasonable accommodation)

Introduction: Jan Gaston sued Bellingrath Gardens under the ADA. The district court granted summary judgment on behalf of Bellingrath Gardens. The Eleventh Circuit affirms.

Facts: Gaston was employed as a cashier at Bellingrath Gardens. She had an osteoarthritic condition. Prior to December 1992, her job restrictions did not require her to carry more than 10 lbs or engage in any bending, lifting or stooping. In December 1992, her job duties were changed to require the ability to carry more than 50 lbs and specified that bending, lifting and stooping were part of the job. A few weeks later Gaston resigned without saying why. Gaston later sued Bellingrath Gardens for failing to provide a reasonable accommodation.

Law:

1. The Eleventh Circuit has previously held in a Rehabilitation Act claim that a plaintiff must demand an accommodation.
2. Congress intended for courts to rely on Rehabilitation Act cases when interpreting similar language in the ADA.
3. Therefore, Gaston's claim is dismissed for failing to demand an accommodation.
4. Click here to see actual case.