The concept’s been pretty well accepted over the years: When employees want an accommodation for a disability, it’s up to them to make the request. A recent federal court decision sets that concept on its ear.

The case involves a UPS manager who was coming to the end of her 12-month workers’ comp leave. The company sent her medical certification forms to be filled out by her physician – the first step in granting her an accommodation.

She ignored two requests for the forms.

Never asked for accommodation

In the meantime, she called several company supervisors, saying her doctor had cleared her to return to work. She said she’d occasionally need some help with things like lifting, but she never actually asked for an accommodation.

After she failed to submit the certification forms, the company terminated her. She sued, saying the company violated her Americans with Disability Act (ADA) rights.

And the court agreed. Just because she hadn’t “played by UPS rules” didn’t mean the woman wasn’t eligible for an accommodation. The company should have done more to help the woman through the ADA process, the judge said:  “…(I)f it appears that (an) employee may need an accommodation but doesn’t know how to ask for it, the employer should do what it can to help.”

Cite: Decree v. UPS