Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act

BURDENS OF PROOF

In US Airways, Inc. v. Barnett, 535 U.S., 122 S. Ct. 1516 (2002), the Supreme Court laid out the burdens of proof for an individual with a disability (plaintiff) and an employer (defendant) in an ADA lawsuit alleging failure to provide reasonable accommodation. The "plaintiff/employee (to defeat a defendant/employer's motion for summary judgment) need only show that an 'accommodation' seems reasonable on its face, i.e., ordinarily or in the run of cases."⁽¹²⁵⁾ Once the plaintiff has shown that the accommodation s/he needs is "reasonable," the burden shifts to the defendant/employer to provide case-specific evidence proving that reasonable accommodation would cause an undue hardship in the particular circumstances.⁽¹²⁶⁾

The Supreme Court's burden-shifting framework does not affect the interactive process triggered by an individual's request for accommodation.⁽¹²⁷⁾ An employer should still engage in this informal dialogue to obtain relevant information needed to make an informed decision.