Does the Tennessee Disabilities Act Require Employers to Make "Reasonable Accommodations" for Employees?

Analysis:  The recent Tennessee Court of Appeals decision of Lataynia Jones v. Sharp Electronics Corp., 2014 WL 806131 (Tenn. Ct. App. 2014) discussed whether the Tennessee Disabilities Act requires employers to make “reasonable accommodations” when an employee has a disability.  In this case the employee took leave for medical conditions multiple times under the FMLA (Family and Medical Leave Act) and under her union collective bargaining agreement.  After she exhausted the total time allowed under FMLA and her collective bargaining agreement she was informed she must return to her employment by a specific date.  She did not return to her employment by that date and therefore she was terminated. 

As a result, the employee filed a lawsuit against her employer under the FMLA and under the Tennessee Disability Act.  The FMLA case was previously dismissed.  The Tennessee Disability Act claim remained.  The question before the Tennessee Court of Appeals was whether a “reasonable accommodation” is required under the Tennessee Disability Act for disabled employees.  The court found that several Tennessee cases have already found that “unlike its federal counterpart, the Americans with Disabilities Act (“ADA”), the Tennessee Disabilities Act does not impose a duty on employers to make reasonable accommodations to accommodate a disabled employee.”  Jones at 3 (citing, Bennett v. Nissan North America, Inc., 315 S.W.3d 832, 841-42 (Tenn. Ct. App. 2009)).  As a result, due to this difference in the Tennessee Disability Act

If a person’s disability to some degree prevents the applicant from performing the duties required by the employment sought or impairs the performance of the work involved, a defendant employer will not be considered to have discriminated against that person in an action under the TDA. Bennett at 852.

Jones at 3.  The court further noted that the question of whether Tennessee should adopt a reasonable accommodation requirement comparable to what is in the ADA is simply a matter to be determined by the Tennessee Legislature as opposed to the courts.  Jones at 4.  As a result, unless the Tennessee legislature makes a change in the statute, a reasonable accommodation for employees is not required under the Tennessee Disability Act (however there can be requirements for this under the ADA).