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Must Employers Grant All ADA Accommodation Requests?

In general, most employers are happy to grant reasonable accommodations under the Americans with Disabilities Act. This does not mean that there aren’t limits to which an employer is willing to go. What’s more, employers are by no means obligated to grant every request for ADA accommodation that they receive.

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As an example, consider the case of a librarian employed at Florida Atlantic University. The librarian had suffered from epileptic seizures since childhood, and she had long known that stress aggravated her condition. In an EEOC claim and a lawsuit that she eventually filed against her employer, she asserted that the university had failed to acquiesce in her requests for reasonable workplace accommodations. It seemed that the librarian thoroughly disliked her supervisor’s management style, and that the stress she suffered on the job caused her to have more frequent seizures.

Although her employer accommodated some of her requests, such as ensuring that there were no sharp corners in her cubicle, they declined to grant other requests. They denied requests related to the “rough or harsh” treatment that she alleged came from her supervisor. She demanded that he be ordered to cease the “series of hostile confrontations,” which she said that he repeatedly used with her and that the university find a way to “sensitize” him to the needs of women with epilepsy.

The university did not feel compelled to grant the requests that they believed were vague and difficult to define, and the courts agreed with them. In testimony, the plaintiff could not cite specific instances of confrontational behavior. Moreover, the court argued that it was not the responsibility of the employer to provide a work environment that was free of stress, and that it was not possible for the plaintiff to “immunize herself from stress and criticism.”

This outcome demonstrates that employers are well within their rights to refuse requests for accommodations under ADA when they are not specific and reasonable. Nonetheless, it is crucial that all such requests be thoroughly investigated, preferably under the guidance of legal counsel, to ensure that a legitimate request is not ignored.