One Misstep Cost This Employee His Accommodation—and His Case

A recent Sixth Circuit decision underscores the importance of following the right process when requesting workplace accommodations. The court ruled in favor of the employer, finding that since the employee did not follow the company’s accommodations protocol, it had no legal obligation to provide one.

What the Law Says

Under the Americans with Disabilities Act (ADA), an employer must provide reasonable accommodations unless doing so would cause undue hardship. To have a shot at winning a failure-to-accommodate claim, an employee must show that their employer knew (or should have known) about their disability and they requested an accommodation.

The Employer’s Policy—and the Employee’s Mistake

The employer had a formal process requiring employees to, which involved contacting Occupational Health Resources (OHR) and completing a Request for Accommodation Form to document the need.

The employee, who had nocturnal epilepsy, requested a reduced travel schedule due to health concerns. However, he never followed the formal process, despite being told multiple times to contact OHR. Instead, he declined to do so, saying he “just wanted to be treated fairly.”

No Formal Request, No Obligation

The court emphasized that the ADA requires a clear request for accommodation, and informal conversations with supervisors were not enough. The employer’s policy was reasonable, and the employee had been repeatedly informed of the correct process but refused to follow it. The court found that because he never formally initiated the request, the employer wasn’t obligated to accommodate him.

Furthermore, the court highlighted that the interactive process only begins after an employee submits a request through proper channels. Here, because the employee did not take that step, the employer could not be held responsible for failing to engage in further discussions.

Your Mileage May Vary

While this decision indicates that companies can require employees to follow established policies before being legally required to accommodate them, a dissenting judge argued that the employee’s repeated verbal requests for a schedule change due to his disability should have been enough to trigger the employer’s duty to engage in the interactive process. The dissent pointed out that employers should not ignore ongoing requests simply because they do not follow a rigid procedure. Instead, they should take proactive steps to explore potential accommodations.

Lessons for Employers

Make Accommodation Policies Clear – Ensure employees know the exact steps to request accommodations.
Train Supervisors – Managers must recognize when an informal request should trigger an accommodation discussion, even if the employee doesn’t follow “standard procedure” or use the letters “A-D-A.”
Engage in the Interactive Process – Even if an employee doesn’t follow the process perfectly, proactivity in exploring solutions might save you a lawsuit altogether.

Takeaway: Trust The Process? Maybe.

An employee’s failure to follow an accommodation process to the letter may lead to an “L” in court, but perhaps not outside the Sixth Circuit. Ignoring informal requests could still lead to legal trouble.

Employers who strike a balance between policy enforcement and flexibility in handling informal requests can minimize legal risks while fostering an inclusive workplace.