context: Whether "regarded as" plaintiffs are entitled to reasonable accommodation under the ADA is an issue of first impression for this circuit. Some circuits have considered the issue and concluded that "regarded as" plaintiffs are not entitled to reasonable accommodations under the ADA.
citation_a.signal: see
citation_a.parenthetical: declining to rule on this issue but noting that the argument that employers are not required to provide reasonable accommodation for perceived disabilities has "considerable force"
citation_a.sentence: See Weber v. Strippit, Inc., 186 F.3d 907, 916-17 (8th Cir.1999) (holding that “regarded as” disabled plaintiffs are not entitled to reasonable accommodation); Workman v. Frito-Lay, Inc., 165 F.3d 460, 467 (6th Cir.1999) (same); Newberry v. E. Texas State Univ., 161 F.3d 276, 280 (5th Cir.1998) (same); Deane v. Pocono Med. Ctr., 142 F.3d 138, 148 n. 12 (3d Cir.1998) (en banc) (declining to rule on this issue but noting that the argument that employers are not required to provide reasonable accommodation for perceived disabilities has “considerable force”).
citation_b.signal: but see
citation_b.identifier: 87 F.3d 26, 33
citation_b.parenthetical: allowing "regarded as" plaintiff to proceed, concluding that whether plaintiff could have performed his job with reasonable accommodation was an issue for the jury
citation_b.sentence: But see Katz v. City Metal Co., Inc., 87 F.3d 26, 33 (1st Cir.1996) (allowing “regarded as” plaintiff to proceed, concluding that whether plaintiff could have performed his job with reasonable accommodation was an issue for the jury) ; Jacques v. DiMarzio, Inc., 200 F.Supp.2d 151, 163 (E.D.N.Y.2002) (recognizing that the Second Circuit Court of Appeals has yet to decide the issue but concluding that employers have a duty to accommodate in “regarded as” cases).