MIAMI BUSINESS LITIGATION: REASONABLE ACCOMMODATION UNDER THE ADA

It is important for employers to comply with the Americans with Disabilities Act (ADA) and all of its various obligations. The ADA prohibits employers from discriminating against employees based on a disability. A disability is (a) a physical or mental impairment that substantially limits a major life activity, and (b) a record of such impairment, or (c) being regarded as having such an impairment. 42 U.S.C. § 12101. The ADA also requires employers to provide a reasonable accommodation to disabled employees that allow them to perform the essential functions of their position. Lucas v. W.W. Grainger, Inc., 257 F.3d 1249 (11th Cir. 2001). Complying with the ADA’s requirements to provide a reasonable accommodation can provide a defense to employers from a potential lawsuit by an employee for disability discrimination. The Miami business litigation attorneys of the Mavrick Law Firm represent businesses and their owners in breach of contract litigation and related claims of fraud, non-compete agreement litigation, trade secret litigation, trademark infringement litigation, employment litigation, and other legal disputes in federal and state courts and in arbitration.

To trigger an employer’s duty to provide a reasonable accommodation under the ADA, an employee must (1) make a specific demand for an accommodation and (2) demonstrate that such accommodation is reasonable. Owens v. Governor’s Office of Student Achievement, 52 F.4th 1327 (11th Cir. 2022). “The second element requires that the employee put the employer on notice of the alleged disability for which she seeks an accommodation and provide enough information to allow an employer to understand how the accommodation would address the limitations the disability presents.” Id. After the employee provides this information, the employer must initiate an informal, interactive process with the employee to discuss and determine a reasonable accommodation that will allow the employee to perform the essential functions of their position. Id.

If an employee sues their employer alleging that the employer violated the ADA by failing to provide a reasonable accommodation, the employer could argue in defense that the employee failed to properly request an accommodation. For example, in Owens, the Court held that an employee who claimed that she was disabled due to childbirth-related complications made a specific demand for an accommodation when she requested a teleworking accommodation. The employee satisfied the first element as a result and triggered the employer’s duty to provide an accommodation. However, the employee did satisfy the second element because she did not request a reasonable accommodation. Specifically, the employee did not provide enough information that would allow her employer to understand how the teleworking accommodation would address the limitations of her disability.

If an employee properly requests a reasonable accommodation, the question arises of what constitutes a reasonable accommodation. A reasonable accommodation can take many different forms. It may include making facilities used by employees accessible to disabled individuals, as well “job restructuring, part-time or modified work schedules, [and] reassignment to a vacant position.” 42 U.S.C. § 12111. Importantly, while reassignment could be a reasonable accommodation, an employer is not required to “bump another employee from a position in order to accommodate a disabled employee . . . .” Lucas, 257 F.3d 1249. Further, an individual with a disability is not entitled to the accommodation of their choice, but only to a reasonable accommodation. Stewart v. Happy Herman’s Cheshire Bridge, Inc., 117 F.3d 1278 (11th Cir. 1997).

A disabled employee might demand a broad accommodation, but the employer will instead offer a more limited, but still reasonable, accommodation that addresses the employee’s disability. The employee might reject the employer’s offered accommodation. “If an individual rejects a reasonable accommodation, and “cannot, as a result of that rejection, perform the reasonable functions of the position, the individual will no longer be considered qualified.” 29 C.F.R § 1630.9. “Qualified” means that the disabled employee can perform the essential functions of their position with or without a reasonable accommodation. An employee must prove that they were “qualified” within this meaning to prevail on a claim of disability discrimination under the ADA. Lucas, 257 F.3d 1249. A disabled employee who rejects a reasonable accommodation will lose any “qualified” status and cannot succeed on a claim of disability discrimination. 

The Miami business litigation lawyers of the Mavrick Law Firm also represent clients in Fort Lauderdale, Boca Raton, and Palm Beach. This article does not serve as a substitute for legal advice tailored to a particular situation.