Under the Americans with Disabilities Act (“ADA”), a failure to accommodate occurs when an employer refuses or fails to provide a reasonable accommodation that would allow a qualified employee with a disability to perform the essential functions of their job. That means saying no. Dragging their feet. Ignoring you. Blocking the process. Anything short of giving you the help you need.
But when your employer actually says yes to your request? That’s not disability discrimination—it’s the legal definition of compliance. They’re doing what the law requires.
There’s No ADA Violation When The Employer Grants The Workplace Disability Accommodation
In Withers v. Nashville Historic Cemetery Ass’n, LLC, No. 24-5460, 2025 WL 1455716 (6th Cir. May 21, 2025), Chelsea Withers was born with Tricuspid Atresia, a congenital heart defect, and also suffers from respiratory failure—conditions that sometimes require her to use supplemental oxygen. While employed as a part-time funeral services assistant, she occasionally needed to bring an oxygen tank to work or decline shifts for medical appointments and treatments. Withers asked to store her oxygen tank in a storage room. Her employer said yes. Twice. She didn’t follow through. She later admitted that no one ever denied her request.
This alone killed her claim. As the United States District Court put it: “Mount Olivet cannot be faulted for failing to provide the plaintiff additional assistance in locating space when she had already identified the space: ‘plenty of desks and empty spots.’” Withers v. Nashville Historic Cemetery Ass’n, LLC, 729 F. Supp. 3d 802, 815 (M.D. Tenn. 2024).
So if you’re searching for “can I sue for failure to accommodate if my employer agreed to my request,” the answer is no. You can’t sue someone for doing what the law requires.
This wasn’t a close call. Any employment attorney who handles disability discrimination or failure to accommodate cases under the ADA should’ve spotted the problem: the employer approved the accommodation. The employee didn’t act. The lawsuit had no legs. This was not even a case where the employer rejected the requested accommodation but gave a different disability accommodation.
This is the exact opposite of an ADA violation. This is what compliance looks like.
Withers’s attorneys should have known these weaknesses from the start. A competent employment lawyer would’ve advised dropping the claim—or at least pushed hard for a quiet settlement. Instead, they burned resources on a case that was bound to lose.
Best Workplace Disability Accommodation Attorney Blogs on Point:
- ADA Does Not Require Perfect Accommodation Be Given
- Can I Refuse My Job Access To Medical Records During ADA Accommodation Process?
- Can I Pick The ADA Accommodation I Want?
What Is Considered a Failure To Accommodate Under the ADA?
A failure to accommodate under the ADA happens when:
- The employee has a qualifying disability;
- The employee requests a reasonable accommodation;
- The employer knows about the request;
- And the employer either ignores it, denies it, or otherwise fails to follow through.
But when the employer says yes, and the employee acknowledges that the accommodation was granted, there’s no violation. The ADA doesn’t require employers to read minds, chase down follow-up actions, or repeat themselves. It requires them to grant reasonable accommodations. That’s exactly what happened here.
If you’re typing into Google: “is it failure to accommodate if my employer approved my request but I didn’t follow through,” the answer is a definitive no.
Best ADA Lawyer Blogs on Point:
- ADA What Happens When Both Employer, Employee Fail Interactive Process?
- Interactive Process: It Takes Two To Tango
- What Is The Interactive Process For Disabled Employees?
Why Timing Matters in ADA Retaliation Claims
ADA retaliation claims often turn on timing.
Withers also claimed she was wrongfully fired in retaliation for requesting an accommodation and later filing an EEOC charge. But here’s the problem: Retaliation, including for wrongful termination, under the ADA requires proof that the decisionmaker knew about the protected conduct.
In this case, the decision to terminate Withers was made before anyone at Mount Olivet even knew she had filed an EEOC charge. The Sixth Circuit confirmed that “the record is clear that Wells and the other decisionmakers… did not know that the plaintiff had filed an EEOC Charge until May 6, 2022, two days after [her] termination letter.” Withers v. Nashville Historic Cemetery Ass’n, LLC, No. 24-5460, 2025 WL 1455716, at *2 (6th Cir. May 21, 2025).
That timing kills the retaliation claim. You can’t retaliate against something you don’t know happened.
The timing between the accommodation request and the termination also was a problem. Courts look at whether the alleged retaliation came soon after the employee’s protected activity—like requesting an accommodation. Here, Withers made her accommodation request in February 2021. She wasn’t removed from the schedule until late April, and she wasn’t formally terminated until May 2022—more than a year later. The Sixth Circuit has made it clear: a 10–11 week gap is already too long to infer causation without other evidence. Over a year? That’s not a smoking gun—it’s a cold case. The court found “no other evidence of retaliatory conduct,” and without that, Withers’s retaliation claim fell apart. Timing may not be everything, but in ADA retaliation cases, it’s pretty close.
Best Wrongful Termination Law Firm Blogs on Point:
- Can Timing Alone Prove Workplace Retaliation?
- You Can Win Retaliation Claims Even If You Lose Discrimination Claims
- Employment Retaliation Cannot Be Based On Protected Conduct The Employer Never Knew About
Talk To An ADA Employment Attorney Today
Don’t rely on guesswork or Google. Spitz, The Employee’s Law Firm, is one of the largest and most successful employee-rights firms in the country. Our attorneys have recovered massive verdicts and settlements for workers facing ADA violations, disability discrimination, wrongful termination, and retaliation for requesting disability accommodations.
We don’t just offer aggressive legal representation—we provide free initial consultations, explain your accommodation rights clearly, and only charge if we win. No upfront fees. No risk. Just proven results and experienced ADA lawyers on your side.
If your employer ignored your accommodation request, retaliated for protected conduct, or wrongfully fired you due to a disability, we’re ready to help.
Contact us today to speak with a qualified ADA lawyer about your rights.
Employment Lawyer Disclaimer
This employee’s rights blog offers general legal insights focused on employment law topics including disability discrimination, failure to accommodate under the ADA, ADA retaliation, and wrongful termination based on disability. It is intended for informational purposes only and does not constitute legal advice. Every workplace situation is unique. For individualized advice regarding your rights under the Americans with Disabilities Act or related employment issues, consult an experienced disability discrimination lawyer. Reading this disability accommodation blog does not create an attorney-client relationship. This content is considered attorney advertising.