Executives are entitled to their same jobs upon their return, unless there are any physical or mental limitations on their ability to perform their responsibilities, in which case the employer must modify their duties by providing the
executive with reasonable accommodations to the point of undue hardship.
In Kennedy v. Applause, Inc., the district court held that the plaintiff, who suffered from Chronic Fatigue Syndrome, was not a qualified individual with a disability, as she was totally disabled and could not have performed the essential functions of her job
even with reasonable accommodation.
The obligation of your employer is to engage you in a good - faith effort to provide
you with a reasonable accommodation.
After he was terminated, Sawinski sued BCF alleging that it failed to provide
him with a reasonable accommodation for his disability.