Failure to accommodate autistic worker ends with settlement of EEOC disability lawsuit

The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to perform the essential job functions with or without a reasonable accommodation. Once an employee discloses the need for a reasonable accommodation, an employer must undergo an interactive process with the individual to assess the potential solution. The duty to accommodate and engage in the interactive process with the employee is ongoing and isn’t exhausted by one effort. While an employee can’t demand a particular accommodation when several are available, once a solution is decided upon, the employer must follow through. Read on to find out what happened when one Arizona company failed to do so.

Setting the scene

An individual with autism and ADHD applied to be a sandwich artist for a franchise operation. According to a complaint filed with the U.S. District Court for the District of Arizona, after the application was submitted, his mom met with the manager to explain her son would need reasonable accommodations to be successful. Specifically, she said he would need to:

• Receive specific instructions to complete the sandwich artist’s tasks;
• Have the directions repeated and receive redirection; and
• Get follow-up guidance to ensure he understood the steps to follow.

After the conversation, the franchise hired the applicant as a sandwich artist.