The 3rd U.S. Circuit Court of Appeals has once again dodged a vexing question under the Americans with Disabilities Act that has divided the federal circuits – whether a plaintiff who claims he was “regarded as disabled” has the right to sue over the denial of a reasonable accommodation.
In Buskirk v. Apollo Metal, the 3rd Circuit found it was unnecessary to answer the question since the plaintiff was rehired into the first available position that met his doctor’s limitations, and the employer had therefore provided a reasonable accommodation.
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