A Groundbreaking ADA Case Can Upend Accommodation Process

A new court case involving the Americans with Disabilities Act has the potential to change precedent of how disabilities are accommodated for in business. The case was Feist v. State of Louisiana. Pauline Feist was the plaintiff, an assistant Attorney General, who argued that she had the right to a free on-site parking area as she had arthritis in her right knee. To some, this may seem like an unreasonable expectation. Nevertheless, she reported her rejection to the Equal Employment Opportunity Commission, and was fired for poor performance some time later. She filed a case against the Louisiana DoJ, claiming that she was fired because of her disability. She also claimed that it was revenge against her whistleblowing attempt. The court, rather than use only the ADA definition of “reasonable accommodations”, used the guidelines set by the EEOC. The Fifth Circuit decided this case, so it is only binding in Texas, Louisiana, and Mississippi. However, other states may follow with similar decisions. Companies are urged to work more on determining whether a particular action is reasonable, rather than whether it will solely improve a worker’s ability to work. While a free parking space might not really help a desk job employee, it might prevent injury or excess pain.

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