The U.S. Court of Appeals for the Fifth Circuit recently held in Strife v. Aldine Independent School District that an employer's six-month delay in granting an employee's accommodation request could constitute a failure to accommodate. This kind of ADA violation may occur even where, as happened in this case, the plaintiff did not experience an adverse employment action during those six months, and even though the request was eventually approved. Here's what you need to know to stay compliant.
This case revolved around a U.S. Army veteran named Alisha Strife, who was deployed to Kuwait and Iraq in late 2003. During her service, Strife sustained shoulder, leg, and brain injuries, and was later diagnosed with Post-Traumatic Stress Disorder ("PTSD"). After being discharged in 2005, she began a career in the classroom, joining the Aldine Independent School District ("AISD") as a teacher in 2012. But Strife's disabilities made her unable to continue teaching in the classroom, so she eventually began working in AISD's Human Resources Department in 2021.
In August 2022, she asked AISD if her service dog "Inde" could accompany her at work to assist with her PTSD and mobility impairments. Despite providing multiple medical documents and letters from her lawyer supporting her request, AISD delayed approval for six months, citing the need for additional information and independent medical evaluations. Strife ultimately filed a lawsuit in the Southern District of Texas alleging, among other claims, that AISD failed to accommodate her in violation of the Americans with Disabilities Act ("ADA"), the Rehabilitation Act of 1973, and Texas disability laws.
After the federal district court dismissed her case, the Fifth Circuit revived her failure to accommodate claim on appeal. In doing so, the Fifth Circuit pointed out that Strife repeatedly provided AISD with information that confirmed her disabilities and need for accommodation. Based on these allegations, the court stated that a reasonable factfinder could find the district's delay in granting Strife's request "undoubtedly forced Strife to work under suboptimal conditions for those six months" and was therefore unreasonable. Accordingly, even though AISD ultimately provided her requested accommodations, the delay in doing so may have shown "a lack of good faith in the interactive process."
The Fifth Circuit also rejected the argument that Strife's claim should fail because she did not experience any changes in the terms and conditions of her employment during that six-month period. The court emphasized that the relevant question was not whether Strife experienced any injuries while waiting for her accommodation, but whether AISD "failed to make reasonable accommodations" after being informed of Strife's limitations. Accordingly, the Fifth Circuit sided with a majority of circuits in holding that a failure-to-accommodate claim does not require proof of an adverse employment action.
Here are the key takeaways for employers:
- First, the ADA requires employers to engage in a timely and good-faith interactive process when considering accommodation requests. Delays, especially those extending over several months, may be deemed unreasonable and constitute a failure to accommodate.
- Second, while independent medical evaluations can be appropriate in certain situations, relying on them should not unduly delay the accommodation process. Employers should consider the sufficiency of existing medical documentation before requesting an IME. Otherwise, your request may be unreasonable and create liability for the company.
- Third and finally, if you are in a majority of the U.S. Circuits, including Texas and Oklahoma, then an employee can still establish a failure to accommodate claim even if he or she did not suffer an injury or a change in the terms and conditions of employment while waiting for the accommodation. The question is simply whether the employer failed to accommodate.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
