Legal News

A recently filed disability discrimination lawsuit against law firm Fox Rothschild provides an important reminder that employers should respond promptly and carefully when employees request workplace accommodations.

According to the complaint, a former attorney alleges that the firm failed to adequately accommodate his hearing impairment and ultimately terminated his employment after he repeatedly sought accommodations. The attorney reportedly first raised the need for an accommodation in May 2024 and alleges that the firm was slow to provide hearing aids and later became increasingly adversarial toward him. The allegations remain unproven, and the filing of the lawsuit does not establish that the firm violated the law.

For employers, the case highlights the importance of the interactive process. Under the Americans with Disabilities Act ("ADA") and applicable state and local laws, employers generally must engage with qualified employees who request reasonable accommodations and evaluate potential accommodations based on the circumstances.

Employers should consider several practical steps:

• Respond promptly when an employee requests an accommodation;
• Document communications and efforts to identify workable solutions;
• Avoid unnecessarily rigid requirements concerning how an accommodation request must be made;
• Consider alternative accommodations if the employee's preferred accommodation is not reasonable or effective; and
• Carefully evaluate disciplinary or termination decisions involving an employee who recently requested an accommodation or complained about the accommodation process.

The retaliation issue is particularly important. Even when an employer believes that an accommodation request cannot be granted, adverse employment action occurring shortly after an employee requests an accommodation may lead to a retaliation claim. Employers should ensure that any subsequent employment decision is supported by legitimate, well-documented reasons unrelated to the accommodation request.

The broader takeaway is that the accommodation process should be treated as an ongoing dialogue rather than a one-time administrative decision. Prompt communication, careful documentation, and a genuine consideration of reasonable alternatives can significantly reduce the risk of disability discrimination and retaliation claims.

Outside Legal Counsel LLP advises employers, executives, and boards on disability accommodations, the interactive process, employee discipline and termination, workplace investigations, and strategies to minimize employment litigation risk. Contact us today.

outside-legal.com

This newsletter is for informational purposes only, is not legal advice, and may be considered attorney advertising.

‍

#EmploymentLaw #ADACompliance #DisabilityAccommodation #InteractiveProcess #WorkplaceCompliance #EmploymentLitigation

‍