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Can I Refuse To Relocate And Call It A Disability Accommodation?

by | Apr 17, 2025 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update |

No, you cannot just say, “I do not want to move my family, so my employer has to let me stay put as a disability accommodation.” That is not how disability discrimination law works. A recent case from the United States Court of Appeals for the Seventh Circuit, Ellerman v. Rollins, 2025 WL 733366, makes this crystal clear: If you claim you need an accommodation, you better have medical evidence proving that your disability actually requires it. Just not wanting to move is not enough.

Bradley Ellerman found this out the hard way when he applied for a job with the U.S. Department of Agriculture that required him to work in Kansas City. After receiving a job offer, he requested to work remotely from Wisconsin, citing his disabilities and specifically “noted that he did not want to relocate his family from Wisconsin to Kansas City.” Directly telling your employer that your desired accommodation has noting to due with your disability is not a good way to start the process. Still, Ellerman suffered from a traumatic brain injury, as well as injuries to his eye and hip from a 2012 accident. He claimed that these conditions affected his vision, caused chronic hip pain, and resulted in fatigue, making commuting difficult.

After he requested an accommodation, Ellerman provided medical documentation. However, the letters from his doctors did not explicitly state that his disabilities prevented him from relocating to Kansas City. One letter noted that he suffered from visual impairments, another from 2017 recommended that he be permitted to work from home due to hip pain, and a later letter from October 2019 confirmed his chronic hip pain and fatigue. However, none of these medical opinions established that relocation itself was a medical impossibility. Instead, Ellerman simply expressed a preference to stay in Wisconsin, which was not enough under the law.

The employer denied his request to work from Wisconsin but still offered accommodations. These included a four-day-per-week telework exception (instead of the usual one day allowed), visual assistive technology, an adjustable desk, and reimbursement for public transportation costs. Ellerman rejected these options, stating that he believed his disabilities influenced his need to work from Wisconsin—but without medical documentation to support that claim. The Seventh Circuit Court of Appeals affirmed summary judgment against him because he failed to provide evidence that his disabilities required remote work from Wisconsin.

Best Disability Discrimination Lawyer Blogs on Point:

Does My Employer Have To Give Me The Accommodation I Want?

No, and the Seventh Circuit Court of Appeals made that abundantly clear. Employers have the right to choose a reasonable accommodation—as long as it actually meets the medical needs of the employee. In Ellerman v. Rollins, the Court held that “the interactive process is a means of identifying a reasonable accommodation through cooperation between the employer and employee,” but that does not mean an employee gets to make demands.

The interactive process is the legally required dialogue between an employer and an employee with a disability to determine a reasonable accommodation. This process requires good faith efforts from both sides. An employee must identify a disability and request an accommodation, preferably with medical documentation supporting it. The employer must then engage in discussions to explore possible accommodations and provide one that meets the medical needs while also being feasible for the business.

In Ellerman’s case, the Department of Agriculture did engage in the interactive process. When he requested an accommodation, the Department asked for medical documentation and considered his request. Although it denied his demand to work from Wisconsin, it still offered multiple other accommodations. The Seventh Circuit Court of Appeals ruled that the Department met its obligations under the Rehabilitation Act, stating that “a breakdown of the interactive process—assuming there was one—does not give rise to an independent claim.” In other words, even if the process did not go exactly as Ellerman wanted, it did not mean he was entitled to the accommodation he preferred. Since the Department provided reasonable alternatives, it met its legal duty.

Best Workplace Disability Accommodation Attorney Blogs on Point:

What Medical Proof Do I Need To Support My Accommodation Request?

To have a viable disability accommodation claim under Americans with Disabilities Act (“ADA”), you must provide medical documentation connecting your requested accommodation to your disability. This is where Ellerman lost his case. The Seventh Circuit Court of Appeals held that “Ellerman failed to provide the Department with medical evidence connecting his requested accommodation to his disabilities.” He offered a vague doctor’s note about his hip pain and fatigue but never showed that these issues prevented him from relocating.

If you are requesting an accommodation, do not make Ellerman’s mistake. Make sure your doctor explicitly states:

  • That you have a medical condition covered by the ADA or Rehabilitation Act.
  • That your disability requires the specific accommodation you are requesting.
  • That alternative accommodations would not work.

Without this proof, your employer does not have to take your word for it.

Best Employee’s Rights Law Firm Blogs on Point:

How Do I Know If I Have a Case Against My Employer?

If you have been wrongfully fired, denied a reasonable accommodation, or faced employment discrimination, you need a lawyer who understands employment law. You might be wondering, “What is the best employment law firm near me for disability discrimination cases?” Spitz is one of the largest law firms in the country dedicated to employee rights. That means we have the resources and experience to take on even the biggest employers. Our attorneys offer a free initial consultation, and we work on a no-fee guarantee—if we do not win, you do not pay. We have a proven track record of great results, extensive trial experience, and a commitment to fighting for what is right. If you suspect that your employer has engaged in disability discrimination, wrongful termination, or any form of employment discrimination, call us today. The sooner you act, the stronger your case can be.

Employment Lawyer Disclaimer

This disability discrimination and accommodation blog is for informational purposes only and does not constitute legal advice. If you believe you have been the victim of employment discrimination, wrongful termination, or disability discrimination, you should consult with a qualified employment lawyer for specific legal advice. No promises or guarantees are being made about the outcome of any case. Employment law is complex, and each case is unique. The information provided here does not create an attorney-client relationship. Spitz, The Employee’s Law Firm, is a law firm that represents employees in cases against employers. This blog is a legal advertisement.