All day long you give me the runaround
When you say something here,
You mean something there
You give me the runaround
Same thing yesterday,
Same thing the day before
— From “Runaround” by Tulsa’s J. J. Cale
Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to an employee with a disability, so long as the accommodation is reasonable and does not impose an undue hardship upon the employer’s operations. To fulfill this obligation and consider an individual’s request for an accommodation, the employer must gather information and discuss with the employee potential accommodations that may address their disability-related needs. The ADA refers to this as the “interactive process.” The law does not spell out any timeframe an employer must meet to satisfy the interactive requirement. But what happens when an employer is slow to consider and decide an accommodation request?
Military service and a career in education
Alisha Strife served in Kuwait and Iraq as a member of the U.S. Army during Operation Iraqi Freedom. During her service, Strife injured her shoulder, leg and brain and suffered from post-traumatic stress disorder (PTSD). After being medically discharged, Strife began working as an elementary school teacher. When her disabilities prevented her from continuing in that role, Strife transferred into a testing coordinator position and later was promoted to work in the school district’s human resources department.
According to the Department of Veterans Affairs, Strife’s medical conditions worsened and alternative treatments were not successful. Eventually, she received a certified service dog named Inde, who helped Strife maintain balance, protected her from falling, and mitigated her PTSD symptoms.
Accommodation request drags on
On August 30, 2022, Strife submitted a request through the school district’s human resources portal asking that she be permitted to bring Inde to work as an accommodation for her disabilities. At the request of the school district several weeks later, Strife provided her employer with a letter from her treating provider at the VA that confirmed the need for Inde’s presence at work for Strife’s “mental and physical health recovery.” After the school district rejected the letter as insufficient because the VA’s treating provider was not board-certified, Strife submitted yet another letter, this time from her treating psychiatrist, who also requested that Strife be permitted to bring her service dog to work. At the request of the school district, in November the treating psychiatrist completed a questionnaire reiterating Strife’s need for her service dog.
Next, the school district informed Strife that she must be examined by a physician chosen by the employer, who would review the medical information she had already submitted about her accommodation need. Attorneys for Strife and the employer argued about the necessity of an additional medical exam and report. In January 2023, Strife was examined by VA physicians, and Strife’s attorney forwarded letters from the doctors, who reaffirmed that “Inde was required in all settings (including place of employment) to avoid further balance-related injuries.” When the school district questioned the value of those reports because they lacked the evaluating doctors’ notes, Strife’s attorney provided the examination notes to the employer.
At this point, several months had passed since Strife first requested her accommodation, and the school district still had not yet decided whether to allow Inde to accompany Strife at work.
Shocker: lawsuit filed
Strife filed a lawsuit against her employer under the ADA and Texas law claiming, among other things, that the school district had violated its obligation to reasonably accommodate her request to bring her service dog to work. Within three weeks of the lawsuit’s filing, her employer began allowing Inde to come to work with Strife. Nevertheless, Strife continued to pursue her claims against the school, arguing that the six-month delay in granting her request amounted to a failure to accommodate her disability.
When considering an accommodation request, an employer may seek an independent medical examination when an employee has not provided sufficient information to establish their disability and the need for an accommodation. In this case, Strife stressed the extensive medical information she had already provided to the school district in support of her request to bring her service dog to work. Based on the employer’s delay and its actions during the interactive process, now a jury will decide whether the school district’s behavior demonstrated a lack of good faith and a failure to accommodate Strife’s disabilities.
What this means
For personnel issues, when is it in the employer’s best interest to delay addressing an issue? NEVER. Being proactive is the name of the game. Considering requests for accommodation can be complicated and difficult. But don’t increase the complication and difficulty by delaying the interactive process and reaching a decision. Do your homework, obtain necessary health information, discuss with the employee their accommodation need, and act promptly.
Strife v. Aldine Independent School District, Case No. 24-20269 (5th Cir. 5/16/25)
