July 20, 2026
Judge Declares ADA is not a “Get-Out-of-Discipline-Free-Card”
The judge in this 3rd Circuit case explained, “An employee must notify her employer of her disability and clearly communicate her desire for an accommodation or intent to take leave before her employer must accommodate her.” While I’m not sure the U.S. EEOC or all other Circuits would agree, here’s the scoop.
A hospital worker was reported by a coworker, “for sleeping on duty, texting during work, and failing to stock rooms…nodding off multiple times in one shift…” Company policy forbade sleeping on duty or positioning oneself to sleep, warning employees that it could cost them their jobs. (Do you really need a policy about that?!)
The employer met with the employee to get her side of the story (Yay!) The employee denied sleeping but admitted that she “might have shut [her] eyes” to alleviate dry eye caused by a change in her diabetes medication that was also causing fatigue. This was the first time she reported that she had diabetes, was taking medication, or having any adverse reaction. After she was fired for violating the hospital’s policy, she sued for disability discrimination, failure to provide reasonable accommodation, and more.
The court points out that the employee, “waited until the last possible moment, on the brink of being fired, to raise any work-related concerns. That timing is weighty…Employers’ duty to accommodate is real, but it is not a license to speculate.”
I would not hang my hat on this decision. It does, however, remind us that employers may not be held liable for accommodating a disability of which they are not aware. Employees may have a shared responsibility to request a reasonable accommodation.
Opportunity 1. The court noted the employer had previously reprimanded the employee for excessive absenteeism and “[t]he reprimand form also advised her how to ask for a disability accommodation or medical leave. She did not.” If you have a policy or procedure for requesting and providing reasonable accommodation, ensure you tell your employees about it and document that communication.
Opportunity 2. For more related news, information and updates, join the August 26th webcast, “ADA Update 2026: Practical Pitfalls & Proactive Practices” from Noon to 1:15 p.m. ET. Pre-approved by HRCI & SHRM for 1.25 credits. Click here for the agenda and to register.
