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ADA Risk: Undoing a Working Accommodation After Years of Success

A new manager walks in, looks at a long-standing accommodation, and decides it’s over. The employee had been doing the job successfully for years. That’s where the risk starts.


TL;DR: According to the EEOC, a supermarket employee with a mobility impairment worked successfully for years with a walker and the ability to sit. A new store leader revoked that accommodation, allegedly refused to engage in the interactive process, pushed the employee toward leave, and ultimately terminated her. The case highlights a recurring ADA issue: whether an employer can unwind a proven accommodation without a strong, documented reason and still comply with its obligations.

📄 Read the EEOC press release


A working accommodation, undone by new management

According to the EEOC, the employee developed a mobility impairment that limited her ability to walk and stand. She used a walker and needed to sit periodically. Management approved those accommodations. She was reassigned to a self-checkout role and, with those adjustments, performed the job successfully for more than three years.

Then leadership changed.

The new store leader, allegedly working with HR, refused to continue the same accommodation. According to the EEOC, the manager rejected medical documentation, refused to allow sitting, and told the employee she could not work unless she could perform the job without restrictions. Instead of revisiting what had worked, the employer allegedly sent the employee home, directed her to request leave, denied that leave, and ultimately terminated her.

The EEOC claims the employee did not need leave at all. She was ready to work with the same accommodation that had already proven effective.

The legal theory isn’t complicated, the facts are

This is a straightforward ADA case: failure to accommodate and disability-based termination.

The real issue is practical. The EEOC’s theory focuses on whether an employer can revoke a previously granted accommodation, one that demonstrably worked, without engaging in the interactive process and without identifying a legitimate reason why the accommodation is no longer viable.

The ADA does not lock employers into permanent accommodations. Circumstances can change. Business needs evolve. Roles shift. But when the only apparent change is the decision-maker, that’s where risk creeps in.

If the EEOC’s allegations hold up, the exposure isn’t just the revocation. It’s the combination of revocation, refusal to engage, and steering the employee into leave she allegedly did not need.

When an accommodation has worked for years, it becomes part of the baseline. Undoing it without a clear, defensible reason looks less like a business decision and more like a breakdown in process. That’s where ADA cases gain traction.

What employers should be tightening up right now

1. Treat existing accommodations as part of the job’s operating reality

If an employee has successfully performed the role with an accommodation, that becomes strong evidence the accommodation is reasonable. Before changing course, document what has actually changed, not just who is now in charge.

2. Restart the interactive process, don’t skip it

A new manager is not a reset button. If there’s a concern about an existing accommodation, engage the employee, review medical information, and evaluate alternatives. Refusing to engage is often what turns a defensible situation into a lawsuit.

3. Be careful about pushing employees onto leave

Leave can be a reasonable accommodation. It can also create risk if the employee can work with an existing or modified accommodation. Forcing leave instead of allowing work is a recurring litigation theme.

4. Align HR and front-line decisions

The EEOC alleges HR supported the revocation. That alignment matters. When both management and HR move in the same direction without a solid process, it becomes harder to argue this was a one-off mistake.

5. Consistency across leadership changes counts more than you think

Transitions in leadership are where these cases often begin. If each manager applies a different rule to accommodations, the organization inherits the risk.

Closing thought

An accommodation that worked for years is evidence. Ignoring that evidence, especially without a fresh, documented analysis, is how routine workplace decisions turn into ADA claims.