While employers must consider accommodations for qualified individuals with disabilities, they do not need to guess about an employee’s condition or need for accommodation, according to a recent court ruling.
The United States Court of Appeals for the Fourth Circuit recently issued the decision in Tarquinio v. Johns Hopkins University Applied Physics Lab offering practical guidance for business owners and human resource professionals navigating the interactive process under the Americans with Disabilities Act (ADA).
According to the decision, employees who refuse to provide reasonably requested medical documentation may lose the protections of the ADA.
Background of the Tarquinio Case
In Tarquinio, the employee declined to comply with a workplace policy requiring the COVID-19 vaccine, maintaining that receiving the vaccine could negatively affect her immune system.
Ms. Tarquino provided her employer a blood test from nine years ago showing she had Lyme disease and a form signed by her health care provider indicating the basis for her accommodation request was “chronic Lyme Disease [and] Lyme induced immune dysregulation.”
However, Ms. Tarquino provided no recent medical test and refused to allow her employer to communicate with her healthcare provider to gather more information. As a result, the employer had no way to evaluate whether she had a disability that limited her ability to comply with the vaccine policy.
The employer terminated Ms. Tarquinio, who then sued under the ADA. The Fourth Circuit upheld the district court’s entry of summary judgment for the employer, holding that Ms. Tarquinio had not met her obligation to engage in the interactive process.
The Interactive Process Requires Employee Participation
The ADA’s interactive process is collaborative. When a disability or the nature of the accommodation is not apparent, employers can request reasonable documentation from a medical professional. In Tarquinio, the Fourth Circuit clarified that:
- An employer’s duty to accommodate arises only when the employee provides enough information to identify both a qualifying disability and the limitations requiring accommodation.
- When the disability or limitation is not apparent, employers may lawfully request medical documentation to understand better how the condition affects the employee’s ability to perform essential job functions.
- When the disability and limitations are readily apparent—such as blindness—employers should not request medical proof of the obvious.
In Ms. Tarquinio’s case, the court found the employer acted lawfully by asking for documentation, given the lack of any visible or clearly stated medical impairment that limited her ability to comply with the vaccine policy.
Practical Takeaways for Business Owners and HR Professionals
- Know When Documentation Is Appropriate. Employers may request medical information when the nature of the disability or the need for accommodation is not obvious. But when the limitation is self-evident, employers should not require documentation.
- Employees Must Participate in the Process. The ADA does not protect employees who refuse to cooperate. Employees who fail to provide necessary medical information risk forfeiting the law’s protections.
- Do Not Act Without a Clear Understanding. When it is unclear how an employee’s condition affects their job performance, employers should seek relevant information from a healthcare provider.
- Be Consistent and Document Everything. Keep a clear record of all communications, requests for information, and the steps taken during the interactive process. This is essential to defending against ADA claims.
- Train HR Teams and Supervisors. Provide training on the ADA’s requirements, including when medical documentation is appropriate and when it is not.
Routine Policy Evaluation is Key
The Tarquinio decision is a timely reminder that the ADA protects employees with disabilities—but only when they actively participate in the process and provide the information necessary to support a reasonable accommodation.
Accommodation issues can be complex and challenging for employers, who don’t need to accommodate based on assumptions or unsupported claims. To simplify things, employers should routinely evaluate their accommodation policies and procedures to ensure best practices are in place.
