Navigating an employee's request for an accommodation
pursuant to the Americans with Disabilities Act ("ADA")
can feel like walking a tightrope—an employee's requested
accommodation may appear to exceed the limits of all
reasonableness, but it can be difficult to know when an employer
can finally say "no" without fear of liability. A recent
decision from the Sixth Circuit provides helpful guidance on this
issue. An employee's failure to fulfill an employer's
request for medical documentation supporting the necessity of a
requested accommodation precludes a later failure-to-accommodate
claim.
In Tchankpa v. Ascena Retail Group, Inc., No. 19-3291
(March 6, 2020), an employee who worked in database support
significantly injured his shoulder. As an accommodation for his
shoulder, the employee requested that he be able to work from home
three days per week or be transferred to a position where he could
work from home. The employer, which had already been allowing him
to