by Michael Fox
Jumping quickly to the position that where the contention is that the employee could have continued in her position if the employer made a reasonable accommodation, which it didn't, the 6th Cir. not only came out differently on the issue of whether an ADA claim was barred because of a claim under the KY disability pension statute than the 3rd Circuit did a month ago in dealing with a similar question, (see earlier Jottings post) but also took a whole lot less time in doing so. Justice v. Pike County Bd of Education (6th Cir. 11/4/03) [pdf].