ADA Risk: Undoing a Working Accommodation After Years of Success

Key Takeaways

• New manager revoked long‑standing accommodation without interactive process
• EEOC alleges termination violated ADA's reasonable accommodation requirement
• Employers must document changes before altering proven accommodations
• Consistent HR‑manager coordination reduces ADA litigation risk
• Forcing leave when work is possible heightens liability

Pulse Analysis

The Equal Employment Opportunity Commission’s recent lawsuit against a major grocery chain underscores how a seemingly routine managerial decision can trigger a costly ADA claim. In the case, an employee with a mobility impairment had used a walker and a sit‑down station for more than three years, allowing her to meet productivity standards at a self‑checkout lane. When a new store leader took charge, the accommodation was abruptly withdrawn, the employee was sent home, and ultimately terminated despite no documented change in job requirements. The EEOC argues that the employer failed to engage in the interactive process required by law.

Under the Americans with Disabilities Act, employers are not obligated to keep every accommodation forever, but they must show a legitimate, documented reason before rescinding one that has proven effective. Courts have repeatedly held that the interactive process cannot be bypassed simply because a new supervisor assumes control. The EEOC’s complaint highlights two additional exposure points: steering the worker onto leave she could have avoided, and coordinating the revocation with HR without a formal analysis. Together, these actions transform a manageable adjustment into a potential disability‑based termination, exposing the company to back‑pay, damages, and reputational harm.

Employers can mitigate this risk by treating existing accommodations as part of the job’s baseline and by restarting the interactive process whenever a change is contemplated. Documentation should capture any shift in business needs, technology, or safety concerns, and HR should verify that the proposed modification is reasonable before approval. Consistency across leadership transitions—such as standardized accommodation checklists and mandatory manager training—helps prevent ad‑hoc decisions that invite litigation. By aligning policy with practice, organizations protect both employee productivity and legal compliance.