In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that an employer did not violate the Americans with Disabilities Act (ADA) when it refused to allow an employee to telework after the employee failed to provide medical documentation showing that it would be a reasonable accommodation.
The ruling by the Sixth Circuit in Tchankpa v. Ascena Retail Group, Inc., No. 19-3291 (6th Cir. March 6, 2020), affirmed a trial court’s judgment on grounds that the ADA permits an employer to require an employee to present medical documentation supporting the reasonable accommodation request.
According to the appeals court, “an employee’s failure to provide requested medical documentation supporting an accommodation precludes a failure to accommodate claim,” and further that “the ADA is not a weapon that employees can wield to pressure employers into granting unnecessary accommodations ….”
As discussed in more detail below, the case is timely in light of how employers are attempting to address the economic consequences caused by the coronavirus pandemic, in many cases by permitting employees to telework.
A copy of the Tchankpa ruling is available online.
Members of the Center for Workplace Compliance (CWC) can read more here.