Plaintiff alleging disability discrimination and failure to accommodate maintains burden of showing ability to perform essential functions of job with/without accommodation. Employer not obligated to "bump" another employee to create acceptable position.

The plaintiff worked as a salesperson, and his job required frequent travel. The plaintiff alleged that, due to the onset of panic attacks, he was unable to travel over bridges or through tunnels. The only territory which could meet his limitations was already serviced by another salesperson. In affirming the dismissal of the claim, the Appellate Division concluded that "reasonable accommodation" did not require bumping another employee from a position that may fit a plaintiff's needs/restrictions.

Case Law Alert - 1st Qtr 2012