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Decisions of Interest
Requested Accommodation Not Related to Disability
A subway token booth clerk's request for reassignment to a position above ground was not reasonable because she did not establish a link between her disability and the reassignment. Felix v. New York City Transit Auth., 324 F.3d 102 (2d Cir. 3/3/1/03) (Walker, Jacobs and Leval, Circuit Judges).
The employee suffered from insomnia, a disability that limited the major life activity of sleeping. Her condition had been caused by a traumatic event; that same event also resulted in her fear of working in the subway. However, the Second Circuit held that while the employee's insomnia constituted a disability, her fear of working in the subway was merely a lesser impairment that need not be accommodated: The employee did not “argue … that she was unable to work in the subway because such work aggravated her insomnia; she told the [employer] that she could not work in the subway because she was 'terrified of being alone and closed in.'”
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