Not according to the Seventh Circuit Court of Appeals.
Recently, the court held that an employee’s request for a second chance to meet performance standards—due to a disability—is not a “reasonable accommodation.”
What happened in this case❓
Professor Sarah Schoper claimed that she was discriminated against and denied reasonable accommodations following a brain injury caused by a pulmonary embolism. Her injury affected her teaching performance, which was central to her tenure evaluation, as her student evaluations and classroom interactions suffered after returning to work.
The court’s analysis focused on two main points regarding ADA accommodation: Schoper’s status as a “qualified individual” and the reasonableness of her requested accommodation. First, Schoper could not establish that she was qualified for tenure-track status under the ADA’s standards because her performance, measured by her student evaluations, did not meet the University’s expectations. The court cited that the ADA’s protections do not extend to individuals who cannot fulfill essential job requirements, even if their inability is due to a disability.
Second, Schoper’s request for a “do-over” in her tenure evaluation was not a reasonable accommodation. The ADA does require employers to offer accommodations that enable an employee to perform essential job functions, but it does not mandate a relaxation of performance standards or second attempts at achieving these standards. The court concluded that an accommodation which effectively provides an employee with a second opportunity to improve performance isn’t reasonable under the ADA.
Ultimately, the court found no discriminatory intent by the University in its denial of Schoper’s tenure. At the end of the day, while the ADA promotes reasonable adjustments for individuals with disabilities, it does not require employers to lower their standards or offer repeated opportunities to meet essential job criteria.