What Employees Must Do To Trigger Employer’s ADA Accommodation Process
Employees dealing with disability discrimination often assume that if their employer knows they are struggling, the law will step in to protect them. That assumption feels fair—but in employment law and specifically the Americans with Disabilities Act (“ADA”), fairness and legal protection are not always the same thing.
In Molosso v. Bd. of Supervisors Univ. of La. Sys., No. 25-30362, 2026 U.S. App. LEXIS 8520, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment against an employee who claimed disability discrimination and failure to provide a disability accommodation. Molosso, a nursing student, alleged she suffered from ADHD and depression and struggled academically, including freezing during exams and failing multiple courses. She spoke with instructors, who had no authority, about her difficulties and even discussed possible accommodations—but she never went to the university’s designated office responsible for handling accommodation requests.
That seemingly small detail ended up deciding the entire case.
The United States Court of Appeals for the Fifth Circuit held that to succeed on a failure-to-accommodate claim, an employee must show the employer knew not just about the disability, but about the resulting limitations and need for accommodation. The Fifth Circuit Court of Appeals found that because Molosso did not follow the required process to request a disability accommodation, there was “no genuine dispute of material fact,” and her case was dismissed.
In other words: she may have needed help—but under the law, she didn’t ask the right way.
That result is harsh. And it happens more often than most employees realize. Let’s walk through how to avoid these mistakes so your disability discrimination and failure to accommodate claims are protected.
Legal Takeaway
How Do You Properly Request A Disability Accommodation Under Employment Law?
To properly request a disability accommodation under employment law, an employee should clearly identify their disability, explain the resulting limitations, and request a specific accommodation through the employer’s designated process—whether that is HR, a supervisor, or another identified decision-maker with authority to act on the request. If a formal process exists, it generally should be followed to trigger legal protection and obligations. Simply venting about struggles or casually mentioning a condition is usually not enough.
That principle drives real outcomes in disability discrimination cases.
The United States Court of Appeals for the Fifth Circuit held that when a disability is not open and obvious, “the initial burden rests primarily upon the plaintiff to specifically identify the disability and resulting limitations, and to request a reasonable accommodation in direct and specific terms.” Molosso, 2026 U.S. App. LEXIS 8520.
Molosso did not meet that standard. She spoke with instructors about her academic struggles and even discussed possible accommodations. But the Fifth Circuit Court of Appeals focused on what she failed to do: she did not use the school’s established process for requesting a disability accommodation. That misstep became the turning point.
The Fifth Circuit Court of Appeals held that an employee must direct the request to the proper channel, “rather than making it verbally to [an] advisor.” Molosso, 2026 U.S. App. LEXIS 8520. In some situations, telling the wrong person may be treated the same as not making a request at all.
Courts often accept this position from an employer because structured systems create documentation and consistency. The Fifth Circuit Court of Appeals emphasized that bypassing that structure creates “an alternative, undocumented process,” which employers are not required to manage. That gap can seriously weaken a disability discrimination or wrongful termination claim based on a denied disability accommodation.
At the same time, this is not always the end of the story. Even if an employee did not follow the exact process, there may still be arguments about what the employer knew, whether the system was clearly communicated, or whether the need for a disability accommodation was obvious. This is where experienced employment law strategy matters.
Practical Tip: Make your disability accommodation request clear, specific, and documented, and follow your employer’s process if one exists. That step puts you in the strongest position to protect your rights.
Best Workplace Disability Accommodation Lawyer Blogs on Point:
Is It Enough That My Employer Knows I Have A Disability To Trigger Legal Protection?
Yes—but only in part. Under employment law, an employer’s knowledge that an employee has a disability can trigger protection against disability discrimination. But that alone does not automatically require the employer to provide a disability accommodation.
The obligation depends on whether the employer understands both the disability and the resulting limitations. The United States Court of Appeals for the Fifth Circuit held that an employee must show “the disability and its consequential limitations were known by the covered entity.” Molosso, 2026 U.S. App. LEXIS 8520. The Fifth Circuit Court of Appeals further held that “[m]ere knowledge of the disability is not enough.”
That is where many cases turn.
In Molosso’s situation, the school may have known she had ADHD. But the Fifth Circuit Court of Appeals held that her struggles—like freezing during an exam—did not make her limitations or need for a disability accommodation clear. Performance issues can arise for many reasons, and an employer is not required to guess.
This is especially true for non-visible conditions. The Fifth Circuit Court of Appeals noted that mental disabilities are often not “open, obvious, and apparent,” which means the burden remains on the employee to make the need for a disability accommodation clear.
That disconnect is where many wrongful termination and wrongfully fired claims break down. An employee believes the employer knew enough, while the employer argues it did not understand the need to act. When that connection is missing, courts often side with the employer.
Practical Tip: Do not assume your employer understands your limitations. Clearly explain how your condition affects your work and what disability accommodation you need.
Best Disability Discrimination At Work Attorney Blogs on Point:
How Does Hiring The Best Employment Lawyer Help If I Was Wrongfully Fired After Asking For An Accommodation?
If you were wrongfully fired after asking for a disability accommodation, the outcome of your case often depends on how the facts are presented under employment law. That is where hiring the best employment lawyer matters. A strong attorney will focus on what the employer knew, how the request was made, and whether the situation supports a claim for disability discrimination or wrongful termination. Even where the process was not followed perfectly, an experienced lawyer can identify arguments that keep a case alive.
At Spitz, The Employee’s Law Firm, we represent employees and understand how employers defend these cases. We have the resources, experience, and track record to handle complex disability discrimination and failure to accommodate claims. We offer free consultations and a no-fee guarantee. If you believe you were wrongfully fired or denied a disability accommodation, contact the best attorney for your situation and get answers about your rights under employment law.
Best ADA Law Firm Blogs on Point:
Frequently Asked Questions
What is a disability accommodation for my job?
A disability accommodation is a change that helps an employee perform their job despite a medical condition and addresses limitations recognized under employment law.
Can my employer fire me because I asked for a disability accommodation?
No—an employer generally cannot fire an employee for requesting a disability accommodation. Doing so may support a disability discrimination or wrongful termination claim.
What should I do if my employer denies my accommodation request?
Document everything and speak with an experienced employment lawyer to evaluate your disability discrimination claim.
Can a small employer still be responsible for failure to accommodate a disability?
Yes. A smaller employer can be liable under employment law for failure to accommodate if a reasonable disability accommodation was available. However, an employer is not required to provide an accommodation that creates an undue burden, meaning significant difficulty or expense.
Employment Lawyer Disclaimer
This workplace disability discrimination and employee rights blog provides general information about employment law, including wrongful termination, being wrongfully fired, and failure to accommodate a disability accommodation. It is not legal advice. Every employee’s situation is different, and you should consult a qualified employment lawyer or attorney. No promises are made. This is a legal advertisement, and no attorney-client relationship is created.