Six Months to Say Yes? Delaying an ADA Accommodation May Be Just as Bad as Denying It.

An Army veteran asked to bring her service dog to work. Her employer took six months to approve it—and that delay may have violated the ADA.

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TL;DR: A school district took six months to approve a veteran employee’s request to bring her service dog to work. That was too long, according to the Fifth Circuit. While the court upheld the dismissal of most claims, it revived her ADA “failure to accommodate” claim based on the prolonged delay in granting the request—because it may reflect a lack of good faith in the interactive process.

📚 Read the Fifth Circuit’s opinion here

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A Slow Process with a Simple Request

Alisha Strife was a longtime Aldine Independent School District employee and a disabled Army veteran. In August 2022, she formally requested permission to bring her certified service dog, “Inde,” to work. The dog helped with PTSD and physical disabilities, including balance issues and fall risk.

Strife provided letters from her VA care team and psychiatrist explaining why the dog was medically necessary. AISD didn’t immediately say no—but it didn’t say yes either.

Over the next several months, the district:

• Rejected documentation signed by a VA provider because she wasn’t a physician.
• Asked for nearly identical letters from a psychiatrist.
• Insisted on a third-party medical evaluation, despite ongoing documentation.
• Continued requesting clarifications, while providing no clear explanation of alternative accommodations.

By the time AISD finally granted the request in February 2023—six months later—Strife had already filed a complaint with the EEOC and sued in federal court.

Not Just Delay—A Potential Lack of Good Faith

The district court dismissed her failure-to-accommodate claim, finding that because AISD eventually approved the request and Strife hadn’t alleged a physical injury, there was no ADA violation.

The Fifth Circuit disagreed.

Citing its own precedent and that of other circuits, the panel emphasized that:

“Delay in providing reasonable accommodation may show a lack of good faith in the interactive process.”

According to the court, this wasn’t just slow paperwork. Strife plausibly alleged that AISD dragged its feet while demanding increasingly unnecessary documentation, even after the VA confirmed her need for a service animal.

And under the ADA, failure to accommodate isn’t limited to flat-out denials. A constructive delay—especially when avoidable and prolonged—can be actionable too.

Employer Takeaways

Here’s what this case should remind HR and in-house counsel:

✅ Delays Can Be Denials
The ADA doesn’t impose deadlines for accommodation responses. But if an employee provides adequate documentation, unexplained delays may trigger liability—especially when mental health or safety is at stake.

✅ Good Faith Matters
The ADA requires an “interactive process.” That doesn’t mean employers can stonewall while pretending to evaluate options. A pattern of redundant or excessive demands for proof may suggest bad faith.

✅ Timing Is Flexible—but Not Unlimited
The law doesn’t require employers to move at “maximum speed” in responding to accommodation requests. But courts will scrutinize delays if there’s no real urgency and the process seems endless. A slow pace is legally defensible only when there’s genuine diligence behind it.

✅ Independent Medical Exams Aren’t a Free Pass
Employers can request an exam if the documentation is truly insufficient. But when an employee repeatedly submits credible records from qualified medical professionals—especially from the VA—requiring a third-party exam may cross the line. Courts look for cooperation, not obstruction.

The Bottom Line

This wasn’t a case about whether the accommodation was reasonable. It was about how long it took to get there. Employers may have the right to verify medical need—but when that turns into an administrative obstacle course, a court may treat delay as denial.

Or put another way: if the ADA is a relay race, you can’t just walk the baton to the finish line.