Rachel S. Kim


This Note argues that the Eighth Circuit’s holding creates uncertainty for both employers and employees. When deciding whether an employer has failed to engage in the interactive process, the Eighth Circuit should look to whether the employee clearly requested a need for an accommodation, rather than examining the totality of knowledge the employer had on hand. Requiring employees to clearly request an accommodation puts employers on notice and thus helps employers better help employees with disabilities. Part II of this Note provides the facts and holding of Kowitz. Part III examines the legal background surrounding Kowitz. Part IV reviews the instant decision of the court. Part V explains why employees should be required to clearly request a desire for an accommodation, as well as provides guidance for employers mov-ing forward. Part VI concludes this Note.

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