ADA – with or WITHOUT reasonable accommodation
In a somewhat surprising turn of events, the Second Circuit Court of Appeals ruled that the federal Americans with Disabilities Act (ADA) requires employers to provide accommodation even if an employee can perform the job without an accommodation. Accommodations can be needed to help mitigate a condition’s limitations.
The story
Angel, a high-school teacher, suffered from post-traumatic stress disorder, which interfered with her ability to perform daily work tasks at school. She asked and was allowed to leave campus for a 15-minute break during her morning and afternoon periods when she wasn’t overseeing students. She used the breaks to compose herself away from the workplace, an environment that triggered her symptoms.
Years later, the school underwent a change in administration that prohibited teachers from leaving school grounds during the workday.
Despite the new policy, Angel left campus as she’d previously done, but was reprimanded. She told the new administration about her longstanding accommodation. The administration said the documentation they had on file wasn’t enough to establish her right to a reasonable accommodation.
Rather than provide additional documentation, Angel took leave. When she returned, the administration allowed Angel to take the breaks when someone else could watch her students. Eventually, however, no one was available to cover Angel for the afternoon break.
The case
Unhappy with the situation, Angel sued, claiming the administration’s refusal to guarantee an afternoon break violated the ADA. During the claim, Angel admitted she was able to perform the essential functions of her job, though “…under great duress and harm.”
The employer argued that Angel wasn’t entitled to an accommodation because she could perform the job without an accommodation.
The decision
In siding with the employee, the court said, “An employee with a disability is qualified to receive a reasonable accommodation under the ADA even if she can perform the essential job functions without one.”
The court went on to say that “[a] straightforward reading of the ADA confirms that an employee may qualify for a reasonable accommodation even if she can perform the essential functions of her job without the accommodation. If Congress had wanted employers to make only necessary accommodations, rather than reasonable ones, it could have said so.”
Tudor v. Whitehall Central School District, Second Circuit Court of Appeals, No. 23-665, March 25, 2025.
The Second Circuit is not the only circuit to rule this way. Several other circuits reached the same conclusion.
Key to remember: Employers must provide reasonable accommodations that mitigate — if not necessarily eliminate — an employee’s disability-related challenges.
