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ARTICLE · 06 NOVEMBER 2013

Court Finds Reasonable Accommodations Not Limited To "Essential Functions"

McGuireWoods LLP
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On Sept. 16, 2013, the conservative U.S. Court of Appeals for the Fifth Circuit found that an employer’s obligation to provide a reasonable accommodation to an employee under the Americans with Disabilities Act (ADA) is not restricted to modifications that enable performance of essential job functions.

United StatesEmployment and HR
Teri L. Danish
Teri L. Danish

On Sept. 16, 2013, the conservative U.S. Court of Appeals for the Fifth Circuit found that an employer's obligation to provide a reasonable accommodation to an employee under the Americans with Disabilities Act (ADA) is not restricted to modifications that enable performance of essential job functions. Rather, the court held that reasonable accommodations must enable an employee to enjoy the equal benefits and privileges of employment as are enjoyed by non-disabled employees.

Background

In Feist v. Louisiana, No. 12-31065 (5th Cir. Sept. 16, 2013), a former assistant attorney general for the Louisiana Department of Justice (LDOJ) brought an action under the ADA, alleging that the agency discriminated against her by declining to provide a free on-site parking space to accommodate her disability (osteoarthritis of the knee). The district court granted summary judgment to LDOJ, holding that the plaintiff failed to explain how the denial of on-site parking limited her

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