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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No failure of employer to engage
in interactive process where employee does not cooperate.
Allen v. Pacific Bell,
348 F.3d 1113 (9th Cir. November 10, 2003) - This is an ADA action. Clarence
Allen was a Services Technician. The Court's opinion does not disclose his
disability, but the doctors' opinions were that he was only capable of
sedentary work. As a result, he was no longer qualified as a Services
Technician. Pacific Bell considered the possibility of transfer to a new
position. But after Allen did not appear for a keyboard test, he lost all
further rights to additional accommodation under Pacific Bell's policies. It
should be noted that Allen intentionally did not appear for the test. The
Court upholds the grant of summary judgment because there was no failure of
the employer to engage in the interactive process where Allen failed to
cooperate. Click
here to see actual case.