As a workers’ rights employment attorney practicing in Texas, one of the most common frustrations I hear from employees with disabilities sounds like this: “My employer didn’t deny my accommodation—they just kept dragging it out.”
For years, many employers believed that as long as they eventually approved a reasonable accommodation, they were protected from liability under the Americans with Disabilities Act (ADA). The Fifth Circuit has now made clear that belief is mistaken. An unreasonable delay in providing a reasonable accommodation can itself be a violation of the ADA.
The Failure‑to‑Accommodate Claim
The ADA requires covered employers to provide reasonable accommodations to qualified employees with known disabilities, unless doing so would cause undue hardship. A failure‑to‑accommodate claim generally has three elements:
- 1. The employee is a qualified individual with a disability
- 2. The employer knew about the disability and its limitations
- 3. The employer failed to make reasonable accommodations
The third element is where delay matters. Employers often argue that there can be no violation if the accommodation is ultimately granted. But the Fifth Circuit has rejected that narrow view.
The Fifth Circuit’s Holding: Delay Can Be the Violation
In Strife v. Aldine Independent School District, the Fifth Circuit considered whether a six‑month delay in approving a requested accommodation could support a failure‑to‑accommodate claim. The employee requested permission to use a service dog at work—an accommodation that did not require the employer to purchase equipment or restructure the workplace.
The employer eventually approved the request, but only after months of repeated documentation requests, shifting explanations, and pressure. The district court dismissed the failure‑to‑accommodate claim, reasoning that the employee had not been fired, demoted, or physically injured during the delay.
The Fifth Circuit reversed the lower court’s decision on the failure to accommodate claim. The court held that an unreasonable delay in providing a reasonable accommodation may violate the ADA even if the accommodation is eventually approved. The focus is not on whether the employee suffered a separate adverse employment action. The focus is on whether the employer acted reasonably and in good faith after the accommodation request was made.
Why This Matters for Texas Workers
This holding is especially important because delay is one of the most common ways employers undermine disability rights without issuing an outright denial. In practice, employers may:
- • Prolong the interactive process indefinitely
- • Demand duplicative or unnecessary medical documentation
- • Insist on independent medical exams despite sufficient information
- • Fail to propose or meaningfully consider alternative accommodations
The Fifth Circuit recognized that this kind of foot‑dragging can force employees to work for months without needed support, often while managing pain, risk, or worsening symptoms. The ADA does not allow employers to comply in theory while denying relief in practice.
No Adverse Employment Action Required
A key point reaffirmed by the court is that a failure‑to‑accommodate claim does not require an adverse employment action like termination, demotion, or a pay cut. That matters because the ADA is designed to prevent harm, not simply to provide remedies after damage is done.
Employees should not have to wait until their health declines or their job is at risk before the law offers protection. If an accommodation would reduce pain, risk, or difficulty at work, delaying that accommodation can itself be unlawful.
What Makes a Delay “Unreasonable”?
The court did not impose a rigid timeline, and for good reason. Whether a delay is unreasonable depends on the facts, including:
- • How simple or complex the requested accommodation is
- • How much medical information the employer already has
- • Whether the employer caused or prolonged the delay
- • Whether the employee was forced to work without needed support
In Strife, the employee alleged that the employer repeatedly moved the goalposts and only approved the accommodation after litigation began. At the early stage of the case, those allegations were enough to proceed.
A Final Word for Employees Experiencing Delay
If you requested a reasonable accommodation and your employer keeps telling you they are “still reviewing it,” that does not automatically mean they are complying with the law. Delay can be discrimination, especially when it is unexplained, unnecessary, or prolonged.
If you believe you are experiencing disability discrimination or an unreasonable delay in receiving an accommodation, it may be worth speaking with an employment attorney who represents workers. Our firm regularly consults with employees across Texas about ADA rights and accommodation issues, and an early conversation can help you understand your options before the situation escalates.
If you’d like to schedule a consultation with me, please reach out at https://www.wileylawyers.com/ or call us at 512-271-5527.