Key Insights on Reasonable Accommodations and the ADA
7 April 2025
Lessons from the U.S. Steel ADA ruling on Reasonable Accommodation - and when employers AREN'T held legally liable
At the core, the term "Reasonable Accommodation" is about making changes the job/work environment so someone with a disability can perform the essential functions of the job. The American with Disabilities Act (ADA) legally requires Reasonable Accommodation in all States if you have 15 or more employees, and many States require it even sooner. This can sometimes be a pain in the a** to deal with, but it is part of the fun of owning your own business!
Even though Reasonable Accommodation is pretty rigid, this article from HR Dive
gives a situation where a company fired someone directly related to his use of medically prescribed marijuana (relating to a disability) and was NOT charged with failure to accommodate. Why not? The judge found that the company, U.S. Steel, "did not discriminate against the worker
because the person who made the decision to fire him was not aware of his disabilities."
In other words: if your employee doesn't disclose the disability or ask for accommodations, you can't legally be required to accommodate.
EMPLOYERS DO HAVE THE RIGHT to be properly notified BEFORE a termination-worthy incident occurs. It might not be obvious that an employee is suffering from disabilities related to drugs (legal, prescription, or other), physical ailments, even mental/personal stress issues that could impact their ability to work legally, safely, or effectively. Therefore, problems that arise from these disabilities may result in legal termination if the employee leaves you in the dark too long.
It gets complicated, so you'll want to learn the safe HR paths to walk to manage your team. Or, work with a trusted resource familiar with the unique challenges of your industry to enhance and protect your Brand!
Here's the full article on U.S. Steel
for more details on this court decision.
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