Too hard of a line? Microsoft reassigns autistic employee who needs accommodation

As the employer, you become aware an employee needs an accommodation. What are your obligations? Must you grant the requested accommodation? If there are multiple possibilities, may you select the accommodation? In a recent decision, the U.S. 5th Circuit Court of Appeals (which covers Mississippi, Louisiana, and Texas) concluded an employer acted properly when it refused an employee’s requested accommodations and initiated the job reassignment process for him. The court’s analysis is a helpful reminder about your obligations. Let’s take a look!

Transfer to EA position doesn’t work out

John Thompson, who has autism spectrum disorder, sued Microsoft under the Americans with Disabilities Act (ADA) claiming his former employer failed to accommodate his disability. While working as an account technology strategist at the company, he applied for and was chosen to fill an enterprise architect (EA) position.

Thompson’s performance as an EA didn’t go smoothly. His first and only assignment was with Enterprise Holdings. Ultimately, the client itself requested he not continue on the engagement, and he was removed from the assignment shortly after joining it.

Thereafter, Thompson’s manager temporarily removed him from the EA pool, meaning he wasn’t considered for staffing on any future EA engagements during that time.

Negotiations over reasonable accommodation fail