August 13, 2025
ADA Reminders – Court Calls Three Strikes Against Employer
An employee whose job performance was generally exceeded expectations, requested a reasonable accommodation. She had a torn ligament in one foot making it difficult to do her job, which required walking an average of 15,000 steps per day. She “sought Human Resources’ permission to take short, hourly stretch breaks, as recommended by her doctor.” The employer denied the request and the employee was subsequently fired. The employee sued for ADA (1) discrimination; (2) retaliation: and (3) failure to accommodate. The employer asked to have all three claims dismissed. The court denied that request. Why?
- Strike 1. The employee was fired the day after she requested the reasonable accommodation. On its face, it looks like the firing was solely in response to – aka in retaliation for – the request.
- Strike 2. With such a prompt response, the employer failed to engage the employee in an interactive dialogue to learn more about her need for accommodation.
- Strike 3. The employer’s defense focused on details of the employee’s medical condition and whether it met the definition of a disability under the ADA. The EEOC reminded us in 2011 that “the primary focus of the ADA is on whether discrimination occurred, the determination of disability should not require extensive analysis.”
The court found the former employee “adequately states ADA claims for discrimination, retaliation, and failure to accommodate.”
Lessons Learned. When an employee requests a reasonable accommodation, don’t try to diagnose the employee. Don’t judge whether you think the employee really has or needs what they allege. Rely on a medical professional to make that determination. Give the employee a copy of the job description and ask them to have their health care provider indicate which duties they can/not perform and for which they need a reasonable accommodation, what the accommodation(s) might be, and the anticipated duration. Before all that? Talk to your company’s employment counsel.
NOTE: That’s not all. The same day the employee requested a reasonable accommodation she also requested Family and Medical Leave. When that was also denied, her claim included FMLA violations as well.
