Is an employer required to be aware of an employee's need for accommodation prior to the employer's consideration?
The following excerpt is from Brown v. Lucky Stores, 246 F.3d 1182 (9th Cir. 2001):
3. This court's recent opinion in Humphrey v. Memorial Hospitals Ass'n, 239 F.3d 1128 (9th Cir. 2001), is similarly distinguishable. The employer in Humphrey had been apprised of the employee's need for an accommodation, and had already unsuccessfully attempted to provide an accommodation. The case turned on the employer's responsibility to explore other, more effective alternatives. Id. at 1137.
3. This court's recent opinion in Humphrey v. Memorial Hospitals Ass'n, 239 F.3d 1128 (9th Cir. 2001), is similarly distinguishable. The employer in Humphrey had been apprised of the employee's need for an accommodation, and had already unsuccessfully attempted to provide an accommodation. The case turned on the employer's responsibility to explore other, more effective alternatives. Id. at 1137.
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