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Introduction to the
Americans with Disabilities Act (ADA)

Reasonable accommodation claims

Some courts attempt to apply the McDonnell Douglas burden shifting analysis to reasonable accommodation claims. However, in most reasonable accommodation claims, the employer acknowledges that the adverse employment action was taken because of the disability, but argues that it did not violate the ADA because the employee's disability could not be reasonably accommodated.

For example, the employer might acknowledge that it did not hire the blind person because the position in question requires the person to be able to see and there is no way to accommodate the lack of sight in this situation.

The issues presented in reasonable accommodation cases usually involve the following:

1. is the employee disabled (if not, then he or she is not entitled to any reasonable accommodation);
2. did the employee advise the employer that he or she needs a reasonable accommodation (if the employer has no knowledge that an accommodation is needed, then it cannot be liable for failing to provide one);
3. once the employer was placed on notice of the need for a reasonable accommodation, did the employee and the employer work in good faith to determine whether a reasonable accommodation was available (this is referred to as the "interactive process");
4. is a reasonable accommodation available;
5. if the employer can show that the proposed accommodation would pose an undue hardship, then the accommodation is not reasonable; and
6. does the proposed accommodation propose a "direct threat" to health and safety.

An individual who poses a direct threat to the health or safety of the individual or others in the workplace is not entitled to the ADA's protection. See, 42 U.S.C. Section 12113(b). A direct threat means that there is "a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation." 29 C.F.R. Section 1630.2(r). To determine if an individual poses a direct threat, the trial court should evaluate the following factors: "(1) The duration of the risk; (2) The nature and severity of the potential harm; (3) The likelihood that the potential harm will occur; and (4) The imminence of the potential harm." 29 C.F.R. Section 1630.2(r). See, Hamlin v. Charter Tp. of Flint, 165 F.3d 426 (6th Cir. 1999).

For example, in Moses v. American Nonwovens, Inc., 97 F.3d 446 (11th Cir. 1996), the Eleventh Circuit held that the employee's uncontrolled epilepsy constituted a "direct threat" to his own health and safety.

Below are some examples of cases addressing the issue of reasonable accommodation:

Case example: U.S. Airways, Inc. v. Barnett, 122 S.Ct. 1516 (2002). The Supreme Court explained the difference between "reasonable accommodation" and "undue hardship." The employee has the burden of showing that a proposed accommodation is reasonable in the run of cases. The employer then has the burden of showing that the proposed accommodation would cause an undue hardship under the facts of the particular case.

Case example: García-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638 (1st Cir. 2000). Additional leave, beyond that which is provided by an employer's leave policy, may constitute a reasonable accommodation in some instances.

Case example: Felix v. New York City Transit Auth., 324 F.3d 102 (2nd Cir. 2003). The accommodation requested must be causally related to the major life activity that is substantially limited.

Case example: Jones v. Kerrville State Hosp., 142 F.3d 263 (5th Cir. 1998). An employer is not required to excuse an employee from the performance of an essential function of the job as a reasonable accommodation.

Case example: Smith v. Ameritech, 129 F.3d 857 (6th Cir. 1997). Employee's request to work at home is not a reasonable accommodation under the facts of this case.

Case example: Gile v. United Airlines, Inc., 213 F.3d 365 (7th Cir. 2000). Transfer to day shift would have been a reasonable accommodation. The employee suffered from depression.

Case example: Moore v. Payless Shoe Source, Inc., 187 F.3d 845 (8th Cir. 1999). Employee never advised employer that a reasonable accommodation was needed.

Case example: Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243 (9th Cir. 1999). Medical leave can be a reasonable accommodation.

Case example: Taylor v. Pepsi-Cola Co., 196 F.3d 1106 (10th Cir. 1999). Neither continued medical leave nor reassignment to a vacant position are reasonable accommodations under the facts of this case.

Case example: Duckett v. Dunlop Tire Corp., 120 F.3d 1222 (11th Cir. 1997). An employer is not required to wait an indefinite period of time for an accommodation to achieve its intended effect.

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