When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia), labeling a list of general grievances and suggestions as a request for ADA accommodations does not require the employer to treat them as such.

In Kelly v. Town of Abington, Virginia, the plaintiff was the town manager and attorney who alleged that abusive behavior by elected officials aggravated his physical and mental medical conditions. His attorney wrote a letter to the town titled “Accommodation Requests,” and referenced the ADA. The requests included a list of suggestions for changing the way town officials dealt with the plaintiff. The letter did not tie these requests to his medical condition nor did it state how the list of suggestions was necessary for him to perform his job functions. The plaintiff later resigned and sued, alleging failure to provide ADA accommodations.

The Fourth Circuit affirmed dismissal of the lawsuit. Despite its labeling, the court concluded that the plaintiff’s letter to the town was not a request for ADA accommodations. The Fourth Circuit said that regardless of its title, a reasonable employer in these circumstances would not view the specific requests as related to the employee’s medical condition or that they were necessary for him to do his job.

In general, employees have a light burden of proving that they asked their employers for ADA accommodations. The employee does not have to use any magic words to invoke the employer’s obligation to consider the requests. However, a general list of grievances and suggestions not tied to the employee’s specific medical condition will not be enough to trigger these ADA accommodation requirements.

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