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ARTICLE · 20 MARCH 2020

Sixth Circuit: No Accommodation Without Documentation

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...

United StatesEmployment and HR

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

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