Dissatisfaction Is Not Discrimination: Fourth Circuit Affirms Employer Discretion Over Reasonable Accommodations
In a significant decision for employers navigating disability accommodation obligations under the Americans with Disabilities Act (ADA), the U.S. Court of Appeals for the Fourth Circuit in Redding v. Noem , No. 24-1141 (March 3, 2026), reaffirmed the principle that the interactive process does not guarantee employees their desired outcomes, and “dissatisfaction [with a reasonable accommodation] does not amount to a failure to accommodate.” 00:00 24:53 Quick Hits While the ADA’s interactive process is a collaborative dialogue, employers retain ultimate discretion over the choice of effective accommodations. Employees may not redefine the essential functions of jobs or unilaterally dictate the terms of accommodations . Although reassignment is the accommodation of last resort, it satisfies the employer’s reasonable accommodation obligation. Background In this case, the employee worked as a federal air marshal for the Transportation Security Administration (TSA) for more than seven years....