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Snyder v. Medical Service Corporation of Eastern Washington12/13/2001
are positions within MSC that I could work and do my same job and just not report to {Hall}." CP at 36. This testimony creates a question of fact for the jury as to the reasonableness of the employer's response to Snyder's request for accommodation.
Under the WLAD, the employer has the burden of proving that a requested accommodation would cause undue hardship. "{E}mployers have an affirmative obligation to reasonably accommodate the sensory, mental, or physical limitations of such employees unless the employer can demonstrate that the accommodation would impose an undue hardship on the conduct of the employer's business." Doe v. Boeing Co., 121 Wn.2d 8, 18, 846 P.2d 531 (1993).
MSC made no showing that Snyder's proposed accommodations- transfer to another position or permission to report to a supervisor other than Hall-would create an undue hardship for the employer. The failure to produce evidence of undue hardship should preclude entry of summary judgment in the employer's favor.
Whether MSC reasonably accommodated Snyder's disability and whether Snyder's requested accommodations placed an undue burden on the employer are properly questions for the trier of fact.
CONCLUSION
Issues of material fact exist as to Snyder's claims for intentional and negligent infliction of emotional distress and for failure to accommodate her mental disability. Accepting Snyder's factual allegations as true and drawing all reasonable inferences therefrom in her favor should preclude summary judgment for the employer. The dismissal of these claims should be reversed, and the matter should be remanded for trial on the merits.
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