We recently had a client forward a note from a professional counselor sent on behalf of an employee. The note said that the employee had been diagnosed with anxiety and depression, and that it would help if the employer provided all work directions in writing and avoided personal interaction with her supervisor. The client said that given the fast-paced nature of their work, it was not practical to communicate every work instruction in writing, and asked whether this fact would allow them to claim an undue hardship under the Americans with Disabilities Act.
Before we got to the undue hardship issue, we needed to make a threshold decision about whether the request even fell under the ADA’s reasonable accommodation obligation. According to ADA rules, the employer is only obligated to provide accommodations that are medically necessary to allow the employee to perform the essential functions of their job. The counselor’s note indicated that use of written instructions would be helpful but nowhere said that the employee’s medical condition meant that they were unable to perform their job absent such accommodation. We decided to ask for additional information, specifically the medical need for written instructions, and if so, whether there were alternative measures that could allow the employee to perform their job functions.
In most situations, employers will attempt to work with employees to implement accommodations that help that person, even if they may not be mandated under the ADA. However, in circumstances where the employer concludes that it cannot provide a requested measure, evidence showing the lack of medical necessity can serve as an additional defense to an ADA failure to accommodate claim, along with the effectiveness of the requested accommodation, and any undue hardship resulting from its implementation.
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