10th Circuit Ruling Emphasizes Interactive Accommodation Process and Essential Function Analysis in ADA Cases

The 10th Circuit Court of Appeals recently issued guidance on handling accommodation requests that may violate internal policies, emphasizing the need for a thorough factual analysis, according to an article by the law firm Holland and Hart. The case involved Robert Hampton, a corrections officer with congenital hand disabilities, hired by the Utah Department of Corrections (UDC). UDC had a policy requiring the use of Glock handguns, posing challenges for Hampton.

Despite Hampton’s successful completion of Glock training, he sought accommodation to use a Springfield 1911 due to concerns about his disability. UDC failed to engage in the interactive accommodation process, leading to Hampton’s termination. Hampton sued, claiming UDC did not provide reasonable accommodation.

The court emphasized the importance of the interactive accommodation process under the Americans with Disabilities Act (ADA). Employers are urged to discuss limitations, review essential job functions, and document consideration of requests. UDC, relying solely on its Firearms Policy, argued Glock use was an essential function, leading to dismissal at the trial court.

The 10th Circuit disagreed, stating that violating a neutral policy alone doesn’t render an accommodation request unreasonable. The court rejected an automatic exemption for policy violations, emphasizing the ADA’s objectives. It highlighted the ADA’s examples of reasonable accommodations, including equipment modification, noting Hampton’s request fell within ADA guidelines.

The court stressed the need to understand “why” an accommodation is sought. If it aims to eliminate an essential job function, it’s unreasonable; if it enables essential function performance, it may be reasonable. Hampton’s essential function was effective firearm use, not limited to a specific brand. The court underscored employers’ duty to fully comprehend employees’ limitations and assess them against organizational policies.

According to the article, the ruling reinforces two key lessons: engaging in the interactive process is crucial, and detailed job descriptions and policies assist in demonstrating essential job functions. The court’s decision doesn’t automatically make policy-violating requests reasonable but emphasizes the importance of understanding employees’ limitations and aligning accommodations with essential functions. Employers should work with employees, attempting accommodation to better defend against claims when denial is necessary.