I have encountered many reasonable accommodation coordinators who wrongly believe that if an employee requests a reasonable accommodation and does not receive the accommodation, the employee is not entitled to continue in their employment. This is a complete misreading (or non-reading) of the ADA.

Here’s an example of the issue: Mark has carpal tunnel syndrome. In order to work, he must endure significant pain. To alleviate the pain, he requests an ergonomic mouse as a reasonable accommodation. The Agency denies the accommodation, and the reasonable accommodation coordinator recommends disability retirement, as termination is recommended as the next step.

The correct response is: the Agency and reasonable accommodation coordinator are wrong, and Mark is entitled to continue performing his position. Agencies get this wrong all the time.

If you want to jump start your understanding of this area, see the TLDR section below.

The Common Misinterpretation: All or Nothing Accommodations

The central issue is that most employers believe (wrongly) that reasonable accommodations are only available if the accommodations enable the employee to perform the essential functions of the job. Under this view, employees fall into one of two camps: (a) those who need accommodations to work at all; and (b) those who do not. There is no in-between.

The reality is that many (perhaps most) reasonable accommodations do not make the difference between being able to perform the job and not. They simply enable the employee to perform the job better, with less pain, or in a manner that fits with their accommodation needs.

Instead, the Agency should be asking whether the accommodation helps the employee to overcome a disability-related restriction.

The Agencies’ persistent incorrect view has also led to many situations where reasonable accommodation coordinators wrongly recommend disability retirement. The coordinators wrongly assume that if the accommodation cannot be provided, the employee cannot work. This has led to many individuals requesting (and even getting) disability retirement when they should be able to continue working.

The ADA does not require employees to make a choice between requesting an accommodation at all, on the one hand, and risking their jobs merely by making such a request on the other. This is a false choice.

How Courts Are Correcting These Misconceptions

The issue has been taken up in a few recent cases rejecting employers’ arguments that accommodations are not required for employees who can otherwise perform the essential functions of the job.

Hill v. ARE

In Hill v. Associates for Renewal in Educ., 897 F.3d 232 (D.C. Cir. 2018), the plaintiff was a teacher in a school’s after-school program. The teacher had a partially amputated leg and used a prosthesis, which became painful after standing for extended periods of time. He requested a classroom aide to assist with managing the classroom, which were provided to all other teachers. The school denied him the aide.

On appeal, the school argued that it was not required to provide an aide. The teacher only experienced pain, but was otherwise capable of performing the essential functions of the job.

The D.C. Circuit (which is just beneath the Supreme Court) rejected the school’s argument. A reasonable accommodation does not need to preserve a ‘term or condition of employment,’ and it need not be required for the employee to avoid job or pay loss. Having to endure pain alone is in some cases sufficient to require an accommodation from the employer.

Tudor v. Whitehall Schools

In Tudor v. Whitehall Cent. Sch. Dist., No. 23-665-cv, slip op. (2d Cir. Mar. 25, 2025), the Second Circuit (again, right below the Supreme Court), was faced with an employee with PTSD who could perform the essential functions of her job, and who requested two 15-minute breaks during the day.

In discovery, the employee admitted that she could perform the essential functions of her job as a teacher even without the requested accommodations. The employer school district asked the judge to throw out the case, reasoning that if the employee does not need the accommodation to perform the position’s essential functions, the ADA does not require any accommodations.

The Second Circuit disagreed with the school district. Under the ADA, the court held, an employee who can perform the essential functions of the position is still entitled to reasonable accommodation.

Getting It Right: How to Address Misapplied Accommodation Policies

These cases show that employers who believe that reasonable accommodations require that the employee be unable to perform their job are incorrect. The ADA does not require that employees justify a request for an accommodation by demonstrating that without such accommodation they cannot work.

Instead, the question is whether the accommodation is related to helping them overcome the restrictions that their disability imposes.

Employees who are facing this more subtle form of discrimination should seek assistance. As I have mentioned in prior blog posts, reasonable accommodation coordinators, while well meaning, often understand the law just enough to get it completely wrong. Employees should ‘trust but verify’ any advice given by coordinators.

To get helpful advice on reasonable accommodation issues, contact an attorney who is experienced with reasonable accommodation issues.

TLDR: Frequently Asked Questions

Can an employer terminate me just because they deny my reasonable accommodation request?

No. The ADA does not create a binary where employees must either receive accommodations or face termination. As recent court cases like Hill v. ARE and Tudor v. Whitehall Schools demonstrate, employers can be required to provide accommodations even if the employee can perform the job without the accommodation.

What should I do if my agency’s reasonable accommodation coordinator recommends disability retirement after denying my accommodation?

This is a common misunderstanding of the ADA. If your accommodation is denied but you can still perform your job (even with pain or difficulty), you have the right to continue working. Seek legal counsel from an attorney experienced with reasonable accommodation issues before considering disability retirement.

Does a reasonable accommodation need to be required for me to perform my job?

No. This is a fundamental misconception. Many accommodations simply help employees perform their jobs with less pain or in a manner better suited to their needs. The issue is whether the accommodation helps overcome a disability-related restriction, not whether it’s necessary to perform essential functions.

What questions should I ask my reasonable accommodation coordinator?

Ask if the denial is because the coordinator believes you can perform your job without the accommodation. If so, explain that this isn’t the correct legal standard under the ADA.

Where can I find more information about my rights under the ADA?

The EEOC website provides comprehensive guidance on reasonable accommodations. You can also contact your federal agency’s EEO office or consult with an employment attorney specializing in disability discrimination cases.