The Second Circuit Court of Appeals recently held, in Tutor v. Whitehall Central School Dist., that under the Americans With Disabilities Act, a disabled employee may be entitled to reasonable workplace accommodations even if they can perform the essential functions of their position without such accommodations.

 Facts:  In this case, the plaintiff was a teacher for the defendant school district.  She alleged that she suffered from PTSD due to sexual harassment and sexual assault by a supervisor at a former workplace. Due to extreme symptoms, often triggered by the workplace setting, she requested an received a workplace accommodation allowing her to take one 15-minute break during each of her morning and afternoon prep periods when she was not responsible for overseeing students.  She worked with this workplace accommodation for eight years.  Thereafter, following a change in school administration, the defendant began prohibiting teachers from leaving school grounds during prep periods.  At issue in this case was the plaintiff's 2019-2020 school year, which included a morning prep period and an afternoon study hall.  No other employee from the defendant was available to cover for the plaintiff's 15-minute break during the afternoon study hall.  She ultimately left school grounds during her afternoon study hall before classes went remote due to the pandemic.  She was not disciplined for taking these breaks and she was not aware of whether the defendant even knew that she took these breaks, but the fact that she considered herself to have been violating school policy heightened her anxiety. 

The plaintiff argued that her refusal to guarantee a 15-minute afternoon break each day during this school year violated the ADA.  During discovery, she admitted that she was able to perform the essential functions of her job with the break, “though under great duress and harm.” 

District Court's Decision:  The district court granted summary judgment to the defendant, dismissing the case before trial on the grounds that the accommodations requested were not “necessary,” as she was able to perform the essential functions of his position without the requested accommodation.  The plaintiff appealed to the Second Circuit.

Issue on Appeal:  The issue on appeal was limited to whether an employee's ability to perform the essential functions of her job without a reasonable accommodation was fatal to her failure to accommodate claim under the ADA.

Second Circuit Decision:  The Second Circuit reversed.  In doing so, it held that an employee with a disability may qualify for a reasonable accommodation under the ADA even if they can perform the essential functions of their job without the accommodation and that the ability to perform the essential functions without an accommodation is not dispositive for a failure to accommodate claim. 

Practical Considerations:  In evaluating accommodation requests through the ADA-required interactive process, employers must consider accommodations that may not be necessary, but may grant some relief or make the functions of the position easier for the employee due to their disability.  Employers are able to consider, on a case-by-case basis, whether an accommodation request is reasonable and/or whether the request poses an undue burden to the employer.  Due to the fact-intensive nature of this inquiry, we recommend seeking legal advice before denying an employee's request for an accommodation.  Because state anti-discrimination laws often borrow standards from federal counterparts, small employers should adhere to these considerations even if the ADA does not apply to them.

If you have any questions about this legal update, advice on ADA related issues, or are in need of labor and employment advice, please contact us at (860) 361-7999. Rose Kallor, LLP provides a full range of labor and employment counseling to private and public-sector employers.