Employers don’t get to drag their heels when it comes to the rights of disabled employees. Delay, red tape, and endless demands for documentation can all add up to a failure to accommodate and disability discrimination lawsuit Americans with Disabilities Act (“ADA”). Recently, in Strife v. Aldine Independent School District, No. 24-20269, 2025 WL 1416073 (5th Cir. May 16, 2025), the United States Court of Appeals for the Fifth Circuit made clear: when the delay is unreasonable, it can be illegal disability discrimination.
What Happens When an Employer Takes Months to Approve an ADA Accommodation?
Alisha Strife, a disabled U.S. Army veteran diagnosed with PTSD and physical impairments, requested to bring her service dog, Inde, to work. She needed the service dog to assist with mobility and to manage her PTSD symptoms, as documented by her VA medical providers. Her job? A human resources role with Aldine Independent School District (AISD). The accommodation? Simple: let Inde accompany her. What followed was a six-month odyssey of bureaucratic delay, repeated demands for redundant medical verification, and outright resistance to her physician’s documentation.
Despite clear letters from her treating psychiatrist and VA evaluations confirming the medical necessity of the service animal, AISD insisted on an independent medical exam. Even after Strife’s attorney confirmed that alternative accommodation like a walker or wheelchair were not suitable, the school district continued to stall. It wasn’t until Strife filed a federal lawsuit and approached a scheduled injunction hearing that AISD finally granted her request.
Best Workplace Disability Accommodation Lawyer Blogs on Point:
- Can I Bring My Dog To Work As An ADA Accommodation?
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Can A Delay Disability Accommodation Alone Constitute a Violation of the ADA?
The district court originally dismissed Strife’s failure-to-accommodate claim, reasoning that because she suffered no physical injury during the delay and her job duties remained unchanged, no violation occurred. The Fifth Circuit firmly disagreed: “Strife only sought that AISD ‘allow[ ] her to have and use a service dog at work,’ and did not require that the district procure the dog or modify her workplace. And the district’s delay in granting that request undoubtedly forced Strife to ‘work under suboptimal conditions’ for those six months.” Strife at *2.
This was no mere disagreement over logistics. As the Court emphasized: “A reasonable factfinder could find that the district’s insistence that she undergo an independent medical exam was unreasonable.” Id. The law is clear: once an employee requests accommodation, the employer must engage in the interactive process in good faith. As the Fifth Circuit quoted: “When an employer’s unwillingness to engage in a good faith interactive process leads to a failure to reasonably accommodate an employee, the employer violates the ADA.” Cutrera v. Bd. of Sup’rs of La. State Univ., 429 F.3d 108, 112 (5th Cir. 2005).
Best Disability Discrimination Law Firm Blogs on Point:
- My Job Denied My Disability Accommodation Request – What Now?
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Can Employer’s Delay The Disability Accommodation Process By Demanding More Paperwork?
Employers do have a right to request reasonable documentation to verify an employee’s disability and need for accommodation under the ADA. The Equal Employment Opportunity Commission (“EEOC”) guidelines allow employers to seek medical information when the need for accommodation is not obvious. However, that right does not give them carte blanche to stall or ignore clearly supported requests. As the Fifth Circuit held: “An exam request is not inherently unreasonable… [but] a reasonable factfinder could find that the district’s insistence that she undergo an independent medical exam was unreasonable.” Strife at 2.
In Strife’s case, the school district received multiple letters from VA doctors and specialists confirming her disabilities and the necessity of her service dog. Despite that, they challenged the legitimacy of the documents, claimed formatting inconsistencies, and demanded even more verification—while refusing to disclose what alternative accommodations they were supposedly evaluating. As the Fifth Circuit Court of Appeals observed, those actions crossed a line: “The district granted her request only after she initiated litigation, and within weeks of a court-scheduled injunction hearing. A reasonable factfinder could construe those additional allegations as reasons to disbelieve the district’s claim that it needed to determine whether alternative accommodations were available.” Id.
Bottom line: while employers may request documentation, they must do so in good faith—and not as a smokescreen to deny or delay rightful accommodations.
AISD claimed the medical letters were unreliable, that titles didn’t match, and one letter lacked a letterhead. Strife’s legal team responded with additional documentation and direct explanations that no other accommodation would suffice. Still, AISD refused to act until litigation made their inaction indefensible. The Fifth Circuit saw through it: “The district granted her request only after she initiated litigation, and within weeks of a court-scheduled injunction hearing. A reasonable factfinder could construe those additional allegations as reasons to disbelieve the district’s claim that it needed to determine whether alternative accommodations were available.” Id.
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Can Delay And Bureaucratic Resistance Create A Hostile Work Environment Under The ADA?
Strife also claimed a hostile work environment due to the prolonged delay and unnecessary hurdles placed in her path. To succeed, she needed to show conduct so “severe or pervasive” that it altered the conditions of her employment. The Fifth Circuit wasn’t convinced: “While frustrating, the conduct Strife experienced—delays, requests for more information, and bureaucratic pushback—was not ‘so severe or pervasive’ as to create a hostile work environment under the ADA.” Strife at *3.
The Fifth Circuit Court of Appeals reaffirmed the standard: routine disagreement over accommodations—even if unfair or exasperating—does not automatically create a hostile work environment. As the Court of Appeals held, “neither instance colorably alleges that the district’s engagement in the interactive process was so ‘pervasive or severe’ as to ‘create an abusive working environment.’” Id. (quoting Flowers v. S. Reg’l Physician Servs. Inc., 247 F.3d 229, 236 (5th Cir. 2001)). Strife pointed to AISD’s refusal to immediately approve her request and their insistence on an independent medical exam. But as the Fifth Circuit Court of Appeals explained, “a disagreement with an employer over terms of employment or an accommodation do[es] not amount to harassment.” Id. (citing Clark v. Champion Nat’l Sec., Inc., 952 F.3d 570, 585 (5th Cir. 2020)). To succeed, future plaintiffs would likely need to show an extended pattern of conduct that includes humiliating comments, threats, or physically intimidating behavior tied to their disability.
Best Hostile Work Environment Attorney Blogs on Point:
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Does Asking For An ADA Accommodation Trigger Retaliation Protections?
Yes, requesting an accommodation is a protected activity under the ADA—but to prevail on a retaliation claim, the employee must also show that the employer took an adverse action because of that request. As the Fifth Circuit explained, the legal standard is not just whether the employer made a mistake or was inefficient: “The ADA retaliation inquiry lies in identifying ‘discriminatory motive,’ not simply ‘erroneous decision[making].’” Mayberry v. Vought Aircraft Co., 55 F.3d 1086, 1091 (5th Cir. 1995).
Strife argued that AISD’s prolonged review process and repeated documentation demands were acts of retaliation. However, the Fifth Circuit found no evidence of intent to punish her for requesting the accommodation. Without proof that the employer’s conduct was driven by retaliatory animus rather than lack of due diligence or misunderstanding, the claim cannot succeed—even if the delay was frustrating or unfair. But the Court of Appeals emphasized a key limitation: “The ADA retaliation inquiry lies in identifying ‘discriminatory motive,’ not simply ‘erroneous decision[making].’” Id. (citing Mayberry v. Vought Aircraft Co., 55 F.3d 1086, 1091 (5th Cir. 1995)).
While AISD’s conduct may have been flawed, the record did not show that it was motivated by a desire to punish Strife for asserting her rights. Mere inconvenience or bureaucratic inefficiency likely won’t carry the day.
Best Retaliation Lawyer Blogs on Point:
- How Do You Prove Causation In A Retaliation Claim?
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What Should You Do If Your Employer Delays Or Denies An Accommodation?
- Act Fast, Document Everything: As soon as you request an accommodation, keep a paper trail. Follow up in writing. Ask for timelines. If they delay, ask why.
- Understand Your Rights: You don’t need to suffer a workplace injury to win a failure-to-accommodate claim. Delay itself can be discriminatory.
- Call the Right Attorney: As Strife’s case shows, employers often act only when legal pressure is applied. The right attorney can accelerate your request—or hold them accountable in court.
At Spitz, The Employee’s Law Firm, we don’t wait around while employers stall. If you’re facing discrimination, ADA delays, or retaliation, we act fast—and fight hard. Our attorneys offer free consultations, don’t charge a penny unless we win, and bring decades of combined experience standing up for employees. We’ve secured large verdicts, court victories, and real accommodations for clients with all types of disabilities. Let us help you.
ADA Lawyer Disclaimer
This employee’s rights blog is intended for general educational purposes and does not constitute legal advice. ADA laws, retaliation protections, and accommodation rights can be complex and vary depending on your circumstances. If you believe you are experiencing workplace discrimination, retaliation, or a failure to accommodate your disability, speak with an experienced employment law attorney as soon as possible. Spitz, The Employee’s Law Firm, offers free consultations and has a proven track record representing disabled employees in ADA cases. This blog is attorney advertising and does not create an attorney-client relationship.