Fourth Circuit Rules for Employer When Employee Failed to Participate in Interactive Process
In a recent decision, the Fourth Circuit Court of Appeals highlighted the requirement that employees requesting an accommodation under the Americans with Disabilities Act (ADA) must engage in the interactive process with their employers. The court in Tarquinio v. Johns Hopkins University Applied Physics Lab affirmed that the employer acted reasonably in requesting medical documentation and that the employee’s refusal to provide this information justified the denial of her accommodation request and her ultimate discharge. Background During the COVID-19 pandemic, the Johns Hopkins University Applied Physics Lab required all employees to be vaccinated or obtain an exemption, in order to comply with then-applicable federal contractor mandates . A systems engineer requested a medical exemption from the COVID-19 vaccination requirement. According to the court, in support of her request, she submitted a 2012 blood test and a form signed by her healthcare provider, citing “chronic ...