Creating a part-time position for a disabled employee is not a reasonable accommodation under the Rehabilita­tion Act. To make a showing of disability discrimina­tion, a plaintiff must show that (i) she is disabled under the ADA; (ii) the employer took adverse action against her, at least in part, because of the disability; and (iii) she could have safely and substantially performed the es­sential function of her job despite her disability. Hood v. Diamond Products, Inc. 74 Ohio St. 3d 298, 302 (1996).

Over the years, agencies have moved away from paper records to electronic records. The scope of what is includ­ed in the phrase “electronic records” can be enormous, encompassing voice mail, email, deleted e-mail, data files, program files, back-up files, archival tapes, temporary files, system history files, web site information in tex­tual, graphical, or audio format, web site file, cache files, “cookies”, and other electronically stored information. Searching for deleted electronic records can be time-con­suming and costly, given the number of storage locations that must be checked.

Drew C. Piersall graduated magna cum laude with a B.S. in Management and a B.A. in History from Case West­ern Reserve University in 2001. A 2004 graduate of the Cleveland-Marshall College of Law at Cleveland State University, Drew is licensed to practice in the Northern and Southern District courts of Ohio as well as the Sixth Circuit Court of Appeals. While at Cleveland-Marshall, Drew participated in the Employment Law Clinic, earned a concentration in Labor & Employment Law, and re­ceived the Kastner Westman & Wilkins award as an out­standing student in the areas of labor & employment law.

Who built Stonehenge? Is Bigfoot real? Was the Loch Ness Monster also Jack the Ripper? What should an em­ployer do when a disability separated employee requests reinstatement? The answers to these questions may never be known. Fortunately, the only question you may have an obligation to answer is the last one, and the best place to look for the answer is §123:1-30-04 of the Ohio Admin­istrative Code.

If you have been involved in litigation matters within recent history, you may well know that the simple phrase “electronically stored information” can generate more questions than answers. What is it? Do I have to preserve it? Do I have a duty to disclose it? – just to name a few.