THE OKLAHOMA BAR JOURNAL 10 | SEPTEMBER 2025 injury or workers’ compensation have clients who have been terminated or retaliated against because of their injuries. These clients may have a cause of action under the Americans with Disabilities Act, the workers’ compensation statutes or both. THE AMERICANS WITH DISABILITIES ACT, AS AMENDED The Americans with Disabilities Act (ADA) serves as a crucial legal framework designed to protect individuals with disabilities from discrimination in the workplace. Under Title I of the ADA, employers are prohibited from treating qualified employees or job applicants unfavorably due to their disabilities. This protection extends to all facets of employment, including but not limited to hiring, termination, compensation, job assignments, promotions, layoffs, training, fringe benefits and other employment terms or conditions.6 The ADA emphasizes a broad interpretation of what constitutes a disability, ensuring comprehensive coverage. An individual is deemed to have a disability if they possess a physical or mental condition that significantly restricts a major life activity, have a history of such a condition or experience negative employment actions due to a perceived or actual impairment, provided that it is not transitory and minor. Importantly, a medical condition does not need to be long term, permanent or severe to be considered substantially limiting. The primary focus is on the limitation of symptoms when they are active.7 Under the ADA, employers must make a “reasonable accommodation” for an employee’s disability to allow the employee to perform the “essential functions” of their position. Employers are required to enter into an “interactive discussion” with an employee who is asking for a reasonable accommodation, unless the employer can show “undue hardship.” This begins with the employee requesting a reasonable accommodation, which then “triggers the employer’s responsibility to engage in the interactive process where both parties must communicate in good-faith.”8 What Is a ‘Reasonable Accommodation’? The ADA requires covered employers to provide reasonable accommodations to disabled employees. These accommodations enable employees to perform the essential functions of their jobs. This definition encompasses modifications or adjustments to the work environment or the manner in which a job is customarily performed. The ADA defines “reasonable accommodation” to include job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modification of equipment or devices; appropriate adjustment or modifications of examinations, training materials or policies; and other similar accommodations for individuals with disabilities.9 The term relates to those accommodations that enable the employee to perform the essential functions of their job.10 An accommodation must be reasonable. The 10th Circuit does not recognize indefinite Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. IDENTIFYING AN EMPLOYMENT LAW CASE My first step is to determine if the employee was fired for an illegal reason, which would override the employment-at-will doctrine. I ask the employee what the employer said was the reason for the adverse action and then ask what they thought the “real reason” was. Often, an employee says something along the lines of “my boss just didn’t like me.” So I then dig deeper as to why the employer did not like the employee. Was it because of a protected characteristic, such as a disability? Or was it because the employee questioned internal policies or procedures? If so, this is probably not a violation of the law. Moreover, some employers do not appreciate the difference in the requirements under the AWCA and the requirements under the ADA and fail to fully explore the accommodations required by the ADA. For example, I still observe employers telling employees that they can apply for alternate positions rather than placing them in that position. I also still see employers that maintain that marginal duties are essential and that no accommodations are available. For attorneys who represent injured employees, it is crucial to become informed about these laws, as there are time limits to pursuing disability-related causes of action, and ensure clients do their part in the “interactive process” to determine what reasonable accommodations are available.
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