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Creating a seismic shift in employers’ obligations to provide reasonable accommodations, the Second Circuit Court of Appeals recently ruled that an employee with a disability can still be entitled to a “reasonable accommodation” under the Americans with Disabilities Act (ADA), even if they can already perform their job without it.
The case involved a high school teacher who had long suffered from post-traumatic stress disorder (PTSD). For years, her employer allowed her to take two 15-minute breaks each day during periods when she wasn’t responsible for students. She used these breaks to leave campus, collect herself, and manage her symptoms.
A new administration prohibited teachers from leaving campus during prep periods, and denied the teacher’s request to keep her breaks. While she could perform her responsibilities, she claimed that working without the breaks caused her significant distress and sued for violation of the ADA.
The Lower Court’s View
The trial court sided with the employer, reasoning that because the teacher could perform her job duties without the breaks, her request for an accommodation failed as a matter of law.
The Second Circuit’s Decision
On appeal, the Second Circuit disagreed. The court emphasized that the ADA defines a “qualified” employee as someone who can perform the essential functions of the job with or without an accommodation. The fact that someone can do the job without help doesn’t mean they lose the right to ask for help.
Put simply: accommodations under the ADA aren’t limited to those that make it possible to do the job at all - they can also include adjustments that make it easier, less painful, or less stressful to do the job, so long as they are reasonable and don’t cause an undue hardship for the employer.
What This Means for Employers
This decision has practical implications for employers, as even if an employee appears fully capable of performing their job without accommodation, the ADA may still require you to consider and, if reasonable, grant their request if it makes performing their responsibilities easier, less painful, or less stressful when it does not create an undue hardship on the employer.
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