Southeast ADA Center
2015
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Plaintiff, Jeffery R. Gordon sued his employer, Acosta Sales and Marketing, Inc. under Title I of the ADA for alleged discrimination including failure to provide a reasonable accommodation, hostile work environment, retaliation, and constructive discharge. The district court found in favor of Acosta, finding that the Gordon did not have enough evidence to bring these claims before a jury. Gordon appealed that decision to the Fifth Circuit, who still found that there was not enough evidence for Gordon’s claims to proceed. While there are several claims of discrimination alleged by Mr. Gordon, this brief focuses on the reasonable accommodation claim to illustrate the break down that occurred in interactive process between the employer and employee in this case. Here the Fifth Circuit found that Gordon was responsible for the break down in the interactive process, and therefore Acosta had not discriminated against Gordon by failing to provide a reasonable accommodation.
https://adasoutheast.org/court-decisions/jeffrey-r-gordon-v-acosta-sales-and-marketing-inc
Keywords: Americans with Disabilities Act, employment, interactive process, reasonable accommodations, retaliation