Trust, But Verify: The Fourth Circuit Says ‘No’ to ADA Accommodation on Blind Faith Alone

Friends, the case I’m about to tell you about is a win for employers.  

Indeed, the Fourth Circuit just handed employers a tidy little gift in the form of Tarquinio v. Johns Hopkins University Applied Physics Lab—a case that’s as much about the art of saying “no” as it is about the Americans with Disabilities Act (“ADA”).

If you’re an employer in Maryland, Virginia, West Virginia, North Carolina, or South Carolina, you’ll want to pour yourself a cup of coffee and savor this one.

 The Facts: When “Because I Said So” Isn’t Enough

 Sally Tarquinio, a systems engineer with a self-described “Lyme-induced immune dysregulation,” asked her employer, Johns Hopkins University Applied Physics Lab, for a medical exemption from the company’s COVID-19 vaccine mandate. She was convinced the vaccine would send her immune system into “chaos.”

 The lab, being a federal contractor, was under strict orders to ensure its workforce was vaccinated or properly exempted.

 Tarquinio’s supporting documentation? A nine-year-old blood test, a form from her provider listing her condition, and a couple of scientific articles that didn’t actually address vaccination. When the lab asked for up-to-date medical records or permission to speak with her doctors, Tarquinio flatly refused. She insisted the lab already had all it needed and accused it of wanting to “second-guess” her doctors.

 The lab, left with a pile of outdated paperwork and no way to verify her claims, denied the exemption. Tarquinio refused the vaccine and was fired. She sued under the ADA, claiming failure to accommodate, disability discrimination, and an unlawful medical exam. The district court tossed her case, and the Fourth Circuit just affirmed.

 Feel like reading the entire case? I got you→ it’s here.

The Law: The ADA Is Not a “Take My Word for It” Statute

The Fourth Circuit’s brief opinion is refreshingly direct: the ADA requires employers to make reasonable accommodations for “known physical or mental limitations.” The key word here is “known.” Employers are not required to take an employee’s word for it—especially when the connection between the disability and the requested accommodation is anything but obvious.

The court emphasized that the “interactive process” is a two-way street.

Image by Clker-Free-Vector-Images from Pixabay

Remember, during the COVID-19 pandemic, we talked about this type of issue all the time!

It’s not just about HR having to bend over backward; the employee has to actually provide enough information for the employer to understand what’s needed and why.

If the employee blocks the employer from getting the facts—by, say, refusing to let the company talk to her doctor—then the employer’s duty to accommodate never even kicks in.

Employer Takeaways 

The Fourth Circuit didn’t mince words: if an employee wants an accommodation, the employee must show that their disability actually limits the employee in a way that requires it. Vague references to “immune chaos” and decade-old lab results don’t cut it. Nor is refusing to allow an employer to verify claims.

1. You can (and should) ask for current medical documentation.  If an employee requests an accommodation for a medical condition, HR is entitled to ask for up-to-date, relevant medical information. Don’t be shy about requesting permission to speak with the employee’s provider if the documentation is unclear or outdated.

2. The interactive process is a two-way street. Not just an employer obligation. The ADA’s interactive process requires good faith from both sides. If the employee refuses to provide necessary information or blocks an employer’s efforts to understand their limitations, you are not required to accommodate based on guesswork.

3. Employers do not owe a duty to accommodate without sufficient information from the employee requesting the accommodation. If HR lacks sufficient information to know whether an accommodation is needed, and the employee will not cooperate, then the employer has no legal obligation to provide the accommodation.

In other words, the Fourth Circuit has your back, employers—at least until someone tries to take this to the Supreme Court.

So, employers, keep your documentation game strong, your requests reasonable, and your patience for “just trust me” claims at a healthy minimum. The Fourth Circuit just gave you a little more room to breathe.