Temporary injuries in the workplace often raise critical legal questions about disability discrimination: Can these short term injuries qualify as disabilities under Americans with Disabilities Act (“ADA”)? Does the ADA even require an employer to provide any accommodations for short-term impairments? And what recourse do employees have if their employer denies or ignores these accommodation requests? Every one of these issues came to head in the recent case of Sutherland v. Peterson’s Oil Serv., Inc., No. 24-1431, 2025 WL 211897.
Jesse Sutherland, an oil service technician, tore his knee’s meniscus and experienced severe swelling, making it painful and difficult for him to work. He requested accommodations, including shorter workdays, supported by a doctor’s note. Rather than helping, his employer ignored his requests, gave him tasks beyond his physical capabilities, and terminated him while he was on medical leave.
After Jesse Sutherland filed his lawsuit alleging disability discrimination, failure to accommodate, and wrongful termination, the district court granted summary judgment in favor of Peterson’s Oil Service, reasoning that Sutherland failed to establish that his knee injury qualified as a disability under the ADA and that the requested accommodations were reasonable. The court also found insufficient evidence to support Sutherland’s retaliation claims. Sutherland appealed, and the United States Court of Appeals for the First Circuit vacated the summary judgment, determining that there were genuine disputes of material fact. Let’s look at what happened a bit closer.
Can I Get an Accommodation for a Temporary Injury?
The ADA is the federal law that ensures employees with disabilities are entitled to reasonable accommodations in the workplace. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Accommodations are adjustments or modifications to the work environment or job duties that enable the employee to perform their essential job functions. These accommodations are required unless the employer can demonstrate that providing them would create an undue hardship on the business.
The United States Court of Appeals for the First Circuit held that even a temporary injury like Sutherland’s qualifies as a disability if it substantially limits major life activities such as walking, standing, or bending. The Court held that “a temporary injury can qualify as a disability if it is sufficiently severe.” Sutherland, at *6. This case emphasizes the legal protections employees have under the ADA and similar laws. If your employer refuses to accommodate a temporary disability, you may have a legal claim.
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How Do You Request a Disability Accommodation?
If you need a disability accommodation, the first step is to notify your employer. While a formal written request is not legally required, clearly communicating your needs can help avoid misunderstandings and strengthen any later claim, should it come to that. For example, in Sutherland, Sutherland texted his supervisor, explaining his knee injury and requesting reduced hours. He also provided a doctor’s note specifying the limitations and recommended accommodations.
Once your request is made, your employer is legally obligated to engage in an “interactive process” to explore possible accommodations. This involves a back-and-forth discussion where both parties collaborate to identify reasonable solutions. If your employer fails to participate or outright denies your request without justification, it may constitute a violation of the ADA. Document all conversations and keep copies of any supporting documents, such as medical notes. This evidence can be crucial if legal action becomes necessary.
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Is Medical Evidence Always Necessary to Prove Disability?
Employees often ask our ADA lawyers if medical evidence is required to prove that an impairment substantially limits a major life activity. Surprisingly, the answer is no. In Sutherland, the First Circuit held that “a lay jury would have no difficulty grasping the connection between a knee injury and problems in conducting major life activities such as standing, walking, and bending.” Sutherland, at *6–7. Sutherland’s detailed descriptions of his pain—such as stating that his knee hurt so much, he wished it could be “ripped off”—were sufficient to meet the ADA’s threshold.
Thus, while medical evidence strengthens a case, an employee’s credible testimony and contemporaneous documentation can also demonstrate substantial limitations. If your employer questions the legitimacy of your impairment, your personal account and consistent communication about your struggles may be enough to establish your claim.
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Is a Reduced-Hour Workweek a Reasonable Accommodation?
Under the ADA, reasonable accommodations include modified work schedules, part-time work, or other adjustments to enable employees to perform essential job functions. The First Circuit’s decision in Sutherland confirmed that a reduced-hour workweek can be a reasonable accommodation, depending on the circumstances.
Sutherland’s doctor recommended a 30-hour workweek due to his knee injury, yet Peterson’s Oil Service continued to assign him full shifts. The Court found that “Congress has identified part-time or modified work schedules as examples of possible reasonable accommodations.” Sutherland, at *9. Importantly, the company’s employee handbook even defined part-time employees as those working fewer than 30 hours per week, undermining their argument that such an accommodation was unreasonable. I mean, an employer cannot credibly argue that it never provides a part time schedule when its handbook expressly says otherwise. These are the critical details that employee’s rights attorneys know to hunt for in preparing your disability discrimination case.
If your employer denies your request for reduced hours, citing feasibility concerns, you should know that they must demonstrate an “undue hardship” to justify their refusal. Employees should document all interactions related to accommodation requests and consult with a qualified employment lawyer to assess their rights.
Best Disability Discrimination Law Firm Blogs on Point:
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How Does the Timing of Termination Prove Retaliation?
Retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as requesting a disability accommodation or reporting discrimination. In Sutherland, Jesse Sutherland claimed that his termination was not only linked to his disability but also a response to his requests for accommodations. The district court initially dismissed the retaliation claim, finding insufficient evidence to connect his termination to the requests. However, the First Circuit disagreed, noting that the timing of his termination—immediately following his medical leave—could suggest a retaliatory motive. The Court held that “temporal proximity between the protected activity and the adverse action can support an inference of retaliation.” Sutherland, at *8. This case highlights the importance of documenting all communications with your employer and consulting a qualified employment lawyer if you suspect retaliation.
Why Is Spitz, The Employee’s Law Firm the Best Choice for Employment Discrimination Cases?
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Employment Lawyer Disclaimer
This disability accommodation blog provides general information and should not be taken as legal advice. Readers are encouraged to consult with a qualified employment lawyer for specific advice tailored to their situation. No promises are being made about your potential employment discrimination or wrongful termination claims, and this ADA blog is a legal advertisement. If you believe you have been wrongfully fired or experienced employment or disability discrimination at your workplace, contact Spitz, The Employee’s Law Firm for a free consultation. We are committed to helping employees navigate the complexities of employment law and achieve justice.