By Joanne Alnajjar Buser, Corrie Klekowski and Jacqueline Seiter ( June 7, 2018, 12:03 PM EDT) -- Employees often bypass summary judgment in disability accommodation cases brought under the Americans with Disabilities Act by identifying a disputed factual issue concerning whether a reasonable accommodation was possible. The Ninth Circuit has previously held that to prevail on a summary judgment motion and avoid trial, an employer bears the burden to prove no reasonable accommodation was available.[1] In Snapp v. Burlington Northern Santa Fe Railway Co., the Ninth Circuit recently clarified, consistent with most other circuits, that the employer's summary judgment burden to show the unavailability of an accommodation does not apply at trial. Rather, at trial, the employee still bears the ultimate burden of proving the existence of a reasonable accommodation.[2] This article closely examines the Snapp opinion and highlights important takeaways for defense counsel....