New York Employees Receive Win from Second Circuit in Accommodations

The Second Circuit recently held that an employee need not prove a requested accommodation is necessary for them to perform the essential functions of their job because the ADA does not require such proof. Instead, the ADA only requires the requested accommodation be reasonable. In so holding, the Court found that summary judgment was incorrectly granted to a school district that argued its employee could not prevail on her failure to accommodate claims because she had admitted that she could perform her job without the requested accommodation.

The Court explained the ADA only requires an employee to prove their employer is subject to the ADA, the employee is disabled pursuant to the ADA, and they were qualified to perform the essential functions of their job either with or without a reasonable accommodation and the employer failed to make such accommodation. The Court reasoned by requiring an employee to first prove the accommodation is necessary to be reasonable, would conflict with the plain wording of the statute requiring a “reasonable accommodation” and the intent of the law’s broad construction in light of its remedial nature.

This case is a reminder for employers not to focus on playing the part of an employee’s doctor determining what is or is not necessary or appropriate for a particular disability, but instead, focus on whether the employee is a qualified individual (i.e., has a disability under the ADA and can perform the essential functions of their job either with or without an accommodation) and whether providing the requested accommodation would be an undue hardship. This reminder is even more timely as mental health and neurodivergence is becoming more openly discussed and employees are more likely to seek accommodations related to both, each of which may not be as apparent as certain physical disabilities. Employers should ensure that their managers and human resources professionals are trained in language and actions to listen/look for to prompt an offer to begin the interactive process to avoid running afoul of disability laws, especially in jurisdictions that have greater protection that under federal law, like New  York City.