A recent decision by the Fifth Circuit Court speaks to a larger issue about an employer’s willingness and cooperation to reasonably accommodate employees with disabilities. As this case shows, delays can have a negative impact on individuals who need assistive resources to carry out their responsibilities. To ensure that your business embeds these good faith practices into daily operations, be sure to consult Texas employment lawyers from Fee, Smith & Sharp.
An Overview of the Case that Incited the Fifth Circuit Court’s Recent Decision
Employer obligations regarding Americans with Disabilities Act (ADA) accommodations were recently under scrutiny by the Fifth Circuit Court in the case Alisha Strife v. Aldine Independent School District.
The issue began in 2022 when Alisha Strife requested that her employer, Aldine Independent School District, allow her to bring her service dog to work. Strife is an Army veteran who sustained serious injuries during her service. Conditions she suffered from included permanent physical injuries, traumatic brain injury, and PTSD. Further, she suffered from low bone density, making her susceptible to falls and broken bones.
Strife had been seeing a VA medical doctor and a VA psychiatrist for several years upon her return to the States. However, issues with her employer began in 2022 after she obtained a service dog to help with her mobility and PTSD.
The school district repeatedly denied Strife’s requests to bring her service dog to work. They claimed that the information from her VA doctor and psychiatrist attesting to her need for a service dog was insufficient for the school district. Additional information was requested, and eventually the school district requested an independent medical exam provided by a doctor who did not have experience in Strife’s conditions. Strife refused to submit to the exam and hired a lawyer.
Strife spent 6 months going back and forth on the matter with the district, resulting in a failure to accommodate claim under ADA provisions. The district court dismissed part of Strife’s allegations and issued a summary judgment on the school district.
Failure to Accommodate Claim
Part of Strife’s claim was that the school district violated ADA provisions by failing to accommodate her request to have her service dog with her. When the district court dismissed her claim, it stated that while undue delays can be considered a violation in some instances, the school district did not violate these provisions because Strife could continue her work, and the school district eventually accommodated her request. The district court also stated that the school district did not interfere with Strife’s legal protections.
Appealing the Decision
Strife appealed the district court’s decision. The U.S. Fifth Circuit Court of Appeals reviewed and reversed the judgment. Upon review of the case, the court determined that Strife’s claim was valid. They also ruled that while she could do her job, having her disability accommodated in a reasonable time frame could allow her to conduct her job more safely and with less pain. Finally, the Fifth Circuit Court determined that unreasonable delay caused by the school district constitutes interference.
What This Decision Means for Employers
This case has profound implications for employers and their obligations to their employees. First, unreasonable delays in accommodating disability requests might qualify as an ADA violation, leaving a businesses liable if they do not take proper action. A lack of physical harm does not mean that an accommodation is not necessary. Employers are responsible for protecting their employees, preventing harm, and not interfering with their rights under ADA provisions.
Additionally, the Fifth Circuit Court’s decision also means that employees have the right to sue employers for failure to accommodate. They should not be required to work in an environment that jeopardizes their safety when a reasonable accommodation is available.
Good Faith Measures Employers Can Take to Support Disabled Employees
Reasonable Accomodations Should Be Individualized
One of the biggest steps employers can take to act in good faith with their employees is to actively engage in the process. This engagement involves working collaboratively with employees to learn about their unique challenges. One type of accommodation may work for many differently abled workers, but it is important, and often protective to focus on the specific needs of your employee.
These reasonable accommodations may include the physical modification of their space or the building, implementing ADA accessible and assistive technologies, accessible modes of communication, or in this circumstance, implementing or modifying policies to meet the individual’s needs, such as the allowance of service dogs.
ADA compliant accommodations are not one size fits all. Businesses should be diligent in evaluating these requests quickly and thoroughly to ensure compliance, thus reducing liability and facilitating a healthy work environment.
Protecting Your Business From Unnecessary Liability
Engaging in good-faith actions also helps protect you and your business from liability. It demonstrates a willingness to work with employees and shows your effort to understand and accommodate their needs. These steps also help you stay in compliance with ADA requirements, keeping you out of trouble with the Equal Employment Opportunity Commission (EEOC).
As an employer, it is also important to take proactive steps and seek legal counsel. A lawyer can help you determine the policies your business needs to protect you and your employees. These may often include identifying good faith actions or policies to prevent or remedy potential issues. Regular communication can help you stay up to date on legislative changes and enable you to operate your business in a way that minimizes liability, supports workers, and allows you to run your business effectively.
Fee, Smith & Sharp Can Help You Reduce Your Business’s Risk of Liability
The Fifth Circuit Court’s Decision reiterates the importance of swift action to ensure you make reasonable accommodations for disabled employees. Fee, Smith & Sharp can help protect your business by identifying processes and policies to ensure your HR and leadership teams make good faith efforts when they receive these types of requests. Contact us today to schedule an appointment with our firm and safeguard your business and employees.
