A Reasonable Accommodation Under the ADA Need Not be Tied to an Employee’s Ability to Perform the Essential Job Functions, Says 2nd Circuit

The Second Circuit recently endorsed a broad view of the Americans with Disabilities Act (ADA), overturning a lower court’s finding that a teacher suffering from PTSD was not entitled daily off-campus breaks because the accommodation was unnecessary to perform “essential job functions.”

The plaintiff had first requested two 15-minute breaks in the morning and afternoon away from campus to “compose herself” during her “prep” periods. The request was initially granted, but following a change in policy, the school applied a blanket ban to teachers leaving school grounds during their “prep” periods, leading to the lawsuit. Summary judgment was granted to the employer on the grounds that the teacher could perform her essential job functions without off campus breaks. The Second Circuit reversed.

The appeals court highlighted that the plain language of the ADA mandates that employers are responsible for “reasonable” accommodations, not “necessary” accommodations. The Second Circuit reasoned, “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.”

This ruling follows a current trend by many courts that, even if an employee’s mental condition does not perceivably affect his ability to work, the employer must still engage in the ADA’s “interactive process” to determine whether a reasonable accommodation is warranted. Given this trend, it is imperative that employers have the policies and procedures necessary to deal with difficult-to-perceive disabilities that may qualify for ADA protections, regardless of whether the accommodation request directly impacts an essential job function.  

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