USCA 1st: No Clear Job Req's, No Summary Judgment

The United States Court of Appeals for the First Circuit ruled that summary judgment on a claimant's 'failure to accommodate' claim is improper where the requirements for a requested position are unclear. In Tobin v. Liberty Mutual Ins. Co., No. 04-2391, 11/03/2005, Kevin Tobin, a sales representative for Liberty Mutual Insurance Company (Liberty Mutual), suffered from bipolar disorder. Although Tobin had been receiving treatment for his condition since 1976, he did not inform Liberty Mutual of his condition until 1997. In 1992, Tobin's productivity and performance began to slip, and, in 1...