General Counsel, P.C.

  • Practice Areas
    • Business Law
      • Business Breakups in Virginia
      • Contract Management
      • Minority Shareholder Protections
      • Emerging Companies
      • Entity Formation
      • Foreign Companies Entering U.S. Market
      • Real Estate and Leases
      • Starting a Business, Licensing & Compliance
      • Registered Agent Services
      • Succession Planning for Business Owners
      • Tax Law Matters
      • Charitable Solicitation Practice Group
      • Intellectual Property
        • Trade Secrets
        • Copyright
        • Trademark
    • Employment Law
      • Employment Documentation
        • Building Your Cornerstone
        • Employee Document Vault
        • Employee Handbook Tuneup Services
        • Guidelines for Hiring or Firing Employees
        • Separation Agreements
      • Drug Testing
        • Drug Testing Your Workforce – Best Practices
        • Laws Affecting Drug Testing Policies
      • Regulatory Issues
        • VA, MD, DC, Rights & Obligations
        • Age Discrimination
        • Americans with Disabilities Act
        • At-Will Employment
        • Fair Labor Standards Act
        • Family Medical Leave Act
        • Pregnancy Discrimination Act
        • Title VII
      • Non-Competition Agreements
        • District of Columbia
        • Maryland
        • Virginia
      • For Employers of Uniformed Services Members
      • Employer Considerations For Government Contractors
      • For Non-Profits
    • Family Law
      • Divorce
        • Collaborative Divorce
        • Grounds for Divorce
          • Fourth Level Menu Sample
        • High Net Divorce
        • Same Sex Divorce
        • Military Divorce
        • Uncontested Divorce
        • Litigation vs. Alternative Dispute Resolution in Divorce
        • Post-Divorce Enforcement and Appeals
        • Alimony and Spousal Support
        • Child Custody
        • Child Support
        • Filing for Divorce in Virginia
        • Divorce Security Clearance
      • Property Division
      • Alimony and Spousal Support
      • Child Support
      • Child Custody and Visitation
      • Marital Agreements
      • International Family Law
      • Domestic Violence and Protective Orders
      • Co-Parenting in Virginia
    • Government Contracts
      • Bid Protests
      • Government Contract Claims and Appeals
      • Getting Government Contracts: Small Business Certification Services
        • 8(a) Small Business
        • HUBZone Small Business
        • SDVOSB Program
        • Veteran-Owned Small Business
        • Women-Owned Small Business
    • Litigation
      • Arbitration, Mediation & Alternative Dispute Resolution Attorneys
      • Commercial & Business Litigation
      • Defamation
      • Employment Disputes
      • Government Contracting Disputes
      • Intellectual Property Disputes
      • Local Counsel
      • Pre-Litigation
    • Estate Planning
      • Estate Planning FAQs
      • Trusts
      • Wills
      • Families With Children
      • Business Succession Planning
      • Asset Protection Planning
      • Celebrity Estate Planning Mistakes
      • Legal Business Contingency Plans
      • Become a Referral Partner
    • Probate Administration
      • Probate is Complex – FAQ and Answers
      • Trust & Estate Litigation
  • About Us
    • Overview
    • Biographies
      • Heba K. Carter
      • Grace Clagett
      • Elizabeth Hart
      • David Kaye
      • Alexis Ruark
    • Our Founder
    • How We Help
  • Resources
    • Practical Counsel Blog
    • Bid Protest Weekly
    • VetWorking
    • Video Library
    • Webinars
    • Quotes in The News
    • GCPC First Generation Law Student Scholarship
  • Testimonials
  • Contact
  • Make Payments
703-556-0411

To Grant, or not to Grant? How Employers Should Determine Whether an ADA Accommodation Request is Reasonable?

Wednesday, 30 August 2023 / Published in ADA, Labor & Employment

To Grant, or not to Grant? How Employers Should Determine Whether an ADA Accommodation Request is Reasonable?

The phrases “Americans with Disabilities Act” (ADA) and “reasonable accommodation” go hand in hand, but the decision of whether or not an accommodation is legally “reasonable” is not so intuitive.

As the recent case Hannah v. United Parcel Service (UPS) describes, “an accommodation is not reasonable if it does not ‘enable[] the employee to perform the essential functions of the job.’” This definition is rather broad. In this case, Plaintiff Hannah was a driver working for UPS. Prior to sustaining an injury, Hannah drove a 600-cubic-foot truck. However, after his injury, Hannah requested an accommodation to drive a shorter, 300-400 cubic-foot truck instead. UPS rejected this accommodation request, claiming Hannah’s truck and route were assigned after Hannah bid on the particular route, as provided by a collective bargaining agreement.

The court ultimately agreed with UPS, explaining that “when Hannah sought an accommodation for his injury, part of his burden of demonstrating its reasonableness was to show that it would allow him to perform the essential functions of the position.” Hannah did not meet this burden, because he could no longer complete his assigned route within the allotted 9.5-hour shift because the truck was shorter and therefore could transport fewer packages.

Importantly, the court held that “[Hannah] is not free simply to redefine the job” to meet his burden. Even with his requested accommodation, Hannah would not be able to perform the essential functions of his employment position. Accordingly, such accommodation was not legally reasonable under the ADA.

The line between logically “reasonable” and legally “reasonable” is often blurred. Companies like UPS may rightfully deny an accommodation request and put the employee on indefinite unpaid leave of absence until the employee can return to work if the employee cannot perform the necessary job functions. It’s important for companies and employers to know the ADA’s accommodation standards so they can properly grant or deny accommodation requests. Improperly denying an accommodation request can open the company and/or employer to significant ADA liability.

All companies (and non-profit organizations) subject to the ADA (15 or more employees) must carefully consider any employee request for accommodation and engage in an interactive process with the employee.  For additional information on the Americans with Disabilities Act, please review this information on our website.

If you need more guidance or information, contact the employment law attorneys at General Counsel, P.C. today at 703-556-0411, intake@gcpc.com, or use this Contact Us Form. Attorneys at General Counsel, PC are specialized in labor and employment law and have experience working with businesses, non-profits, and individuals throughout the DC Metropolitan area and across Virginia, specifically in Fairfax County, Arlington, and Loudoun County.

  • Tweet

TOP ARTICLE CATEGORIES

  • BUSINESS

  • LABOR & EMPLOYMENT

  • FAMILY LAW

  • GOVERNMENT CONTRACTS

  • LITIGATION

Subscribe to Blogs and Updates

Name
Areas of Interest:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Disclaimer | Privacy Policy

Consent(Required)

Address:

1320 Old Chain Bridge Road, #440
McLean, VA 22101

Hours of Operation:

Mon – Fri, 8AM – 5PM

Phone Number:

+1 703-556-0411


  • HOME
  • ABOUT US
  • PRIVACY POLICY
  • DISCLAIMER
  • SITEMAP
  • CONTACT US
  • MAKE A PAYMENT

General Counsel, P.C. BBB Business Review

© 2025 General Counsel, P.C. | Website Design & Development by High Level Thinkers

TOP