CA1: reasonable accommodation issue creates question of fact

Enica v. Principi, No. 06-2187 (10/6/08).  This is an ADA case.  The plaintiff is a nurse that can’t lift heavy things due to a medical condition.  First the first finds that an earlier administrative proceeding was not entitled to preclusive effect, because they didn’t address whether a reasonable accommodation was made.  Although the defendant (the VA) engaged in an “interactive process” the First says that it is a question of fact as to whether a reasonable accommodation was made for the plaintiff.  Before remanding, the First rejects the retaliation claim.