Employment / 1 min read
Under the Americans with Disabilities Act ("ADA"), employers must accommodate employees with disabilities if the employer is on notice of the disability. While employers need not provide the employee the exact accommodation requested by an employee, they must engage in the "interactive process." During this process employer and employee try to find reasonable accommodation that will help the employee perform the essential job functions and meet the employer's business needs.
In an ADA accommodation case recently decided by the Fifth Circuit, an employee requested that her employer, the Aldine Independent School District, allow her to bring her service dog to work. The school first requested additional information, and the employee submitted a letter from her treating provider. The school deemed the letter insufficient and requested further supporting documentation. The employee then submitted a letter from her psychiatrist. The school then requested that she submit to an independent medical examination.
After the examination, the school and the employee's lawyer exchanged various communications, and the employee provided three additional letters and underwent another exam confirming her need for the service dog. The school took issue with these items, including stating that they failed to "provide any information regarding potential alternative accommodations." After roughly six months, the school ultimately granted the request.
The Fifth Circuit determined that it need to decide "whether th[e] six-month delay, in and of itself, constitutes a failure to accommodate." While noting that employers are not required to move "with maximum speed," the court held that a delay can constitute a failure to accommodate because, "otherwise, an employer could circumvent the ADA's protections by forcing an aggrieved employee to endure an endless interactive process." Under these facts, the court held that the delay could constitute a failure to accommodate. Specifically, the court noted that the school's actions indicated a lack of good faith. This case underscored the need for employers to carefully and thoughtfully engage in the interactive process when communicating with an employee with a disability. Andrews Myers can help you navigate the process