In one case, an employee alleged that she experienced chronic pain due to the employer’s Wi-Fi. The employee was diagnosed with “electromagnetic hypersensitivity” and requested accommodation. After complaints that the first accommodations were not adequate, a second interactive process meeting was held to discuss further options. Over the next year, the employer and employee went back and forth regarding options before the employee was forced to take a disability leave and eventually quit. The district court dismissed the case, but the appellate court ruled that the employee can continue in her lawsuit for failure to accommodate her condition because, based on the employee’s allegations, the employer may not have continued to take positive steps to accommodate the employee’s limitations.2

In yet another case, an employer allowed an employee to consume beverages on the job and use the bathroom more frequently as a reasonable accommodation. When a new supervisor who didn't know about the accommodation refused the employee's request on one occasion, the employer was sued and the court concluded that the employer's obligation to provide reasonable accommodation is ongoing and that even one denial of the accommodation can result in legal liability.3

1. Humphrey v. Memorial Hospitals Association, 239 F.3d 1128 (9th Cir. 2001)