The Outcome of Strife v. Aldine ISD Provides New Guidance for Best Practices Accommodating Employees Under ADA

Article by Law Clerk, Lauren Bick

The American with Disabilities Act (ADA), enacted in 1990, is a federal civil rights law prohibiting discrimination against people with disabilities in everyday activities, including employment. Employers must comply with the requirements of the ADA, including providing qualified individuals with reasonable accommodation necessary for the performance of essential job functions and enjoyment of the benefits and privileges of employment. Failure to provide reasonable accommodation for qualified employees violates the ADA. A recent decision from the Fifth Circuit Court of Appeals provides some clarifications for employers regarding best practices for accommodating employees with disabilities and avoiding violations of the ADA.

The Facts of Strife v. Aldine ISD

A school district employee requested to bring her service dog to work as a reasonable accommodation for a documented, qualified disability. Upon request, the employee provided information from her treating physician to her employer. Five(5) months later, the employer requested the employee undergo an Independent Medical Examination (IME) to determine alternative accommodations. Frustrated, the employee filed a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC) and the state fair employment practices agency, as well as a lawsuit alleging ADA and state disability law violations. While the employee also provided an additional medical evaluation by VA doctors that confirmed her disability, the employer claimed that this evaluation was not sufficient since it did not address alternative accommodations. When the employee’s attorney confirmed that there were no available alternatives, the employee’s request for accommodation was finally granted.

After some of her claims were dismissed by a lower court, the employee appealed the ruling to the Fifth Circuit Court of Appeals. The Fifth Circuit’s decision provides guidance for employers on handling requests for reasonable accommodation.

Fifth Circuit Opinion in Strife v. Aldine ISD

The Fifth Circuit assessed the alleged delay in accommodation by considering three separate claims under the ADA: failure to accommodate, a hostile work environment, and discrimination. While the hostile work environment and discrimination claims were dismissed, the court determined a failure to accommodate may have occurred here.

In dismissing the hostile work environment claim, the Fifth Circuit reasoned that the alleged harassment—a failure to immediately grant an accommodation and the insistence on an IME—did not rise to the level of being “sufficiently pervasive or severe to alter the conditions of employment and create an abusive working environment.”

Moreover, in dismissing the discrimination claim, the Fifth Circuit reasoned that since the employee was not subjected to an adverse employment decision—which involves the alteration of major or minor aspects of employment, like terms, conditions, and privileges—due to her disability over the course of the 6-month interactive process, no discrimination occurred.

Unlike the previous claims, the Fifth Circuit considered the employee’s claim that the employer failed to accommodate her disability, concluding that the delay in accommodation and insistence on an IME when sufficient medical information had been repeatedly provided may constitute a failure to accommodate and a violation of the ADA. The Fifth Circuit stated that “the responsibility for fashioning a reasonable accommodation is shared between the employee and employer,” and an employer violates the ADA if unwillingness to engage in a good-faith interactive process leads to a failure to accommodate an employee. Noting the 6-month delay, the Fifth Circuit then determined that “delay in providing reasonable accommodation may show a lack of good faith in the interactive process” and may amount to a failure to provide reasonable accommodation. Moreover, since the employee had repeatedly provided her employer with information confirming her disability and need for accommodation, the employer’s insistence on the IME may have been unreasonable.

Finally, and notably, the Fifth Circuit asserted that “reasonable accommodations are not restricted to modifications that enable performance of essential job functions.” For example, the requested accommodation intended to alleviate an employee’s pain while working may be reasonable even when unrelated to performing essential job functions. Therefore, a failure to accommodate in this case may constitute a violation of the ADA.

Best Practices for Employers Accommodating Employees Under the ADA

The outcome of Stife v. Aldine ISD provides guidance for employers on how to best engage with employees requesting reasonable accommodation under the ADA, including:

●      Responding to an employee’s request for accommodation in a timely manner, and continuing the interactive process at a reasonable pace to avoid a delay that could progress to a failure to accommodate and a violation of the ADA;

●      Exercising caution when requesting an employee undergo an IME, which may be warranted when there is insufficient information to assess the accommodation request, but could be unreasonable when sufficient information has already been provided by the employee; and

●       Understanding that reasonable accommodations are not only required to support the performance of essential job functions and may also help alleviate pain or support the enjoyment of the benefits and privileges of employment.

Overall, the outcome of this case clarifies the nuances of an employer’s responsibilities under the ADA, ensuring that employers are aware of best practices for responding to a request for reasonable accommodation and can effectively follow associated legal requirements.

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