Employer Delayed Action on Accommodation May Be ADA Violation

Fifth Circuit Court of Appeals: Strife v. Aldine Independent School District

In the case of Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals examined whether a significant delay in providing a reasonable accommodation under the Americans with Disabilities Act (ADA) could constitute a violation.

“Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, perform essential job functions, or enjoy equal benefits and privileges of employment.”

— U.S. Department of Labor, Office of Disability  Employment Policy

Background

Alisha Strife, an employee of the Aldine Independent School District, requested permission to bring her service dog to work to assist with her multiple disabilities. The school district asked for additional medical documentation. Strife provided a letter from her treating provider, which the school deemed insufficient because it was not from a board-certified medical provider. Subsequently, she submitted a letter from her psychiatrist, but the school requested an independent medical examination. Over approximately six months, Strife provided multiple documents and underwent examinations to support her request. Eventually, the school approved the accommodation.

Legal Proceedings

Strife filed a lawsuit alleging, among other things, that the school district failed to accommodate her disabilities as required by the ADA. The district court dismissed the failure-to-accommodate claim. On appeal, the Fifth Circuit reversed this dismissal, holding that the extended delay in granting the accommodation could amount to a failure to accommodate under the ADA.

Advice to Employers

• Timely Response Required: Employers must respond promptly to accommodation requests. Delays, even if the accommodation is eventually provided, can constitute a violation of the ADA.
• Interactive Process: The ADA requires an "interactive process" between employer and employee to determine a suitable accommodation. Prolonged or obstructive processes may breach this obligation.
• Documentation Requests: While employers can request reasonable documentation, they should avoid unnecessary or repetitive demands that could delay the accommodation process.

This case underscores the importance for employers to handle accommodation requests efficiently and in good faith to comply with ADA requirements.

HR+ Consulting can assist with the accommodation process and ADA requirements.  Contact us today!