Employers in New York, Connecticut, and Vermont should take notice of the 2nd Circuit’s recent decision in Tudor v. Whitehall Central School District, (2d Cir. Mar 25, 2025), which held that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act (“ADA”) even if they can perform the essential functions of their job without an accommodation.
In this case, a teacher, filed suit alleging that a school failed to reasonably accommodate her disability in violation of the ADA. While the district court dismissed the claim on summary judgment, reasoning that because the teacher admitted that she could perform her job without the requested accommodation, she could not establish her claim, the Second Circuit reversed. The appellate court emphasized that the ADA does not require an employee to show that an accommodation is necessary, only that it is reasonable.
All New York, Connecticut and Vermont employers should take this decision into account when determining whether they are able to provide an employee a requested reasonable accommodation, even when an employee can perform the essential functions of the job without one.
You can read the case here: Tudor v. Whitehall Central School District, No. 23-665 (2d Cir. 2025) :: Justia