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36 Hamline L. Rev. 497 (2013)
Need I Prove More: Why an Adverse Employment Action Prong Has No Place in a Failure to Accommodate Disability Claim

handle is hein.journals/hamlrv36 and id is 543 raw text is: 497 NEED I PROVE MORE: WHY AN ADVERSE EMPLOYMENT ACTION PRONG HAS NO PLACE IN A FAILURE TO ACCOMMODATE DISABILITY CLAIM Megan I. Brennan * I. INTRODUCTION 497 II. CONFUSION REGARDING ELEMENTS OF A FAILURE TO ACCOMMODATE CLAIM 499 III. THE LANGUAGE OF THE ADA'S DISCRIMINATION STATUTE 503 IV. EEOC REGULATIONS AND GUIDANCE 505 V. DISAGREEMENT AMONGST COURTS 506 A. ADVERSE EMPLOYMENTACTION NEEDED 507 B. ADVERSEEMPLOYMENTACTIONNOTNEEDED 509 VI. PUBLIC POLICY 512 VII. CONCLUSION 514 I. INTRODUCTION Imagine a scenario where an employee with diabetes requests breaks in order to monitor and maintain his blood sugar levels. The employer denies this request. The employee is never able to use his meter at work and is not allowed to eat or drink on the plant floor. As a result, the employee suffers hypoglycemic attacks at work causing him to collapse and altering his capacity to think clearly and act appropriately. The employer admits that it reasonably failed to accommodate the employee. Does this employee state a claim if he did not suffer a resulting adverse employment action, i.e. a Megan I. Brennan is an associate at Nichols Kaster, PLLP. I am grateful to my husband, John Brennan, and my colleagues, Steven Andrew Smith, Esq., Adam Hansen, Esq. and paralegals Ashlee Wendt and Heather O'Neil, for their insightful comments and assistance with editing this article.