Hawaii Employment Law Decisions July 10, 2016 to July 16, 2016 – Jeffrey S. Harris

District court did not err granting summary judgment against failure to accommodate claim, because even if he could not remember what hours he worked due to multiple sclerosis, the employer fired him because he knew he was unsure what hours he worked and still certified his time sheet as accurate.  To the extent there was a separate claim for failure to engage in an interactive process, district court did not err granting summary judgment, because employer engaged with employee to determine whether misconduct was related to disability and there was reasonable accommodation possible.  Zinger v. Portland State University, 2016 U.S. App. LEXIS 12955 (9th Cir. July 14, 2016).

Note: We analyze cases to learn rules the courts will follow or disappoint us if they don't. Rules that the courts follow allow us to behave and provide explanations they accept. But competent advocates may limit the rules to the facts of the case where they are discussed, or expand rules by showing that differences in other cases are irrelevant.