Nathaniel King’s battle against DFW International Airport is a case study in what happens when an employee’s desired accommodations don’t align with what an employer is required to provide Americans with Disabilities Act (ADA). King, who had several debilitating medical conditions, including sciatica, herniated discs, arthritis, and flat feet, needed accommodations after his condition worsened, but he learned the hard way that employers are only obligated to offer “reasonable” accommodations—not necessarily the exact accommodations employees want.
When King was hired by DFW in 2016 as a Civilian Security Officer (CSO), his disabilities weren’t immediately an issue. He performed his job without any accommodations. But by late 2019, King’s medical conditions worsened, and he requested short-term disability leave. After 65 days, King returned to work in January 2020 with medical restrictions, including no standing for more than 20 minutes per hour, no repetitive bending or squatting, and no walking more than one mile per day.
In response to his restrictions, DFW temporarily assigned King to a low-impact post (E Dock) to accommodate his needs. However, King requested more—he wanted a transfer to an administrative role. DFW denied this request, explaining that CSOs were expected to perform all duties at various posts and that they couldn’t permanently guarantee him a position at E Dock.
Who Gets To Choose The Disability Accommodation?
Under the ADA, employers are required to provide reasonable accommodations for employees with disabilities, as long as the accommodation enables the employee to perform essential job functions. However, the employer has the right to choose among effective accommodations and is not obligated to provide the specific accommodation requested by the employee. The chosen accommodation must meet the employee’s medical needs without imposing an undue hardship on the business, such as significant cost or disruption. If multiple accommodations are available, the employer can select the one that is most reasonable for the workplace.
Under the ADA, employers only need to offer reasonable accommodations that allow the employee to perform the essential functions of the job. The United States Court of Appeals for the Fifth Circuit highlighted this law and held, “An employer need not provide an employee the accommodation he requests or prefers, so long as some reasonable accommodation is offered.” This demonstrates the key ADA principle: employers don’t have to provide the exact accommodation an employee requests.
Best Disability Accommodation at Work Attorney Blogs on Point:
- Can My Job Force A Disability Accommodation On Me?
- ADA Does Not Require Perfect Accommodation Be Given
- Can A Court Force My Job To Give Me A Temporary Disability Accommodation?
- Can I Pick The ADA Accommodation I Want?
Can Employees Sit Back And Wait For The Employer To Give Them What They Want?
No.
DFW encouraged King to apply for other positions at the airport, explaining that while he could apply for internal roles, they weren’t obligated to place him in a new role unless he was qualified. King was directed to use DFW’s job application portal to find and apply for jobs that matched his skills. Although King sent emails expressing interest in several jobs, he never completed the application process through the portal, despite being instructed to do so.
When King didn’t follow the application process, his reassignment claims unraveled. The Fifth Circuit held, “[King] made no efforts to communicate with DFW that he lacked access [to the portal] in order to submit applications.” DFW’s actions were deemed reasonable because they provided guidance and opportunities for King to apply for open roles, but he didn’t take the necessary steps to pursue those options.
Best Disability Discrimination Lawyer Blogs on Point:
- Can I Refuse My Job Access To Medical Records During ADA Accommodation Process?
- ADA What Happens When Both Employer, Employee Fail Interactive Process?
- Interactive Process: It Takes Two To Tango
- ADA: Employees Cannot Demand A Specific Accommodation
What This Means For Employees
King’s case is a strong reminder that:
- Employers Must Offer Reasonable, Not Preferred, Accommodations: If your employer offers a reasonable accommodation that allows you to perform your job, even if it’s not exactly what you want, you must accept it or present clear reasons why it won’t work.
- Follow The Process: If your employer has specific procedures for applying for job reassignments, follow them. Failing to do so can significantly weaken your case.
- Prove Pretext: If your employer provides a legitimate reason for their actions, such as adherence to a leave policy, you need evidence showing that the reason is a cover for discrimination or retaliation.
In King’s case, DFW went through several steps to accommodate his disabilities, from placing him in a modified role to allowing him to apply for other positions. But when King didn’t follow through on his end of the process—such as applying through the online portal—the employer’s obligations ended.
The Fifth Circuit ultimately affirmed that DFW did everything required under the ADA, stating, “King fails to meet his burden to sustain his claims,” since he provided no evidence that DFW’s reasons for not reassigning him or terminating him were pretextual or discriminatory.
Why Hiring the Right Employment Lawyer Matters
At Spitz, The Employee’s Law Firm, we understand the complexities of ADA claims and the importance of navigating the accommodation process correctly. As the third-largest law firm in the country solely dedicated to employee rights, we provide our clients with a team of experienced employment attorneys who know how to challenge employers when they fail to meet their obligations.
With decades of experience, our firm is ready to help you fight back if your employer isn’t providing reasonable accommodations or if you’ve been wrongfully terminated. Don’t settle for inadequate representation—contact us today for a free consultation.
Disclaimer:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. The use of this blog does not create an attorney-client relationship between you and Spitz, The Employee’s Law Firm. Every case is unique, and specific legal advice should be sought for your particular situation, especially in matters involving ADA accommodations, workplace discrimination, and wrongful termination. If you believe you’ve been discriminated against or need help with a disability accommodation, please contact Spitz, The Employee’s Law Firm for a free consultation to discuss your legal options.