Employer offered ADA accommodation, wins court case

In 2022, Brandon, a law enforcement officer, began experiencing severe back pain, which he believed was from an earlier car accident. X-rays indicated trauma to his spine. Brandon submitted a work status report to his employer. In it, his doctor said that he could return to work on June 15, but that he was restricted from performing his job’s essential functions.

Because Brandon couldn’t perform his job’s essential functions, the employer placed him on leave under the federal Family and Medical Leave Act (FMLA). His doctor later physically cleared him to return to work on July 14.

Brandon’s condition, however, worsened. In October 2022, his doctor recommended surgery. Brandon told his supervisors of his surgery, and they approved a leave of absence from December 1, 2022, until January 28, 2023, at which point he would have exhausted his FMLA leave.

After the surgery, Brandon’s pain was much better, but the doctor thought he wasn’t ready to perform the employer’s physical abilities test, which he would have to complete upon returning to duty.

The doctor gave Brandon a tentative return to work date of March 14, which he relayed to his supervisors. That same day, one of Brandon’s supervisors asked him whether he was interested in an opportunity to take a position as a dispatcher while he awaited medical clearance. The employer supported the idea. Brandon didn’t give the supervisor an answer one way or the other.

On February 8, the employer asked Brandon for an updated work status report and told him that he had exhausted his FMLA leave. Brandon forwarded an updated report from his doctor that reiterated that he would be able to work with no restriction on March 14. Brandon asked to have his leave extended. Eight days later, Brandon’s supervisor told him he needed to decide by February 20 whether to resign and apply for the other position or face termination. Brandon again asked to have his leave extended.

Brandon didn’t respond by February 20. Two days later, he received a letter informing him that his employer had terminated him.

Brandon sued, alleging that the employer denied him an accommodation when it didn’t extend his leave.

In court, the employer pointed out that it offered Brandon an alternative position.

The court ruled in favor of the employer. It said the employer didn’t have to give Brandon his choice of accommodations. It complied with its ADA obligations to offer a reasonable accommodation, even if the alternative position was one Brandon didn’t necessarily prefer.

Mundt vs Sheriff, Okaloosa County, 11th Circuit Court of Appeals, No. 24-14130, October 23, 2025.

Key to remember: If employers offer a reasonable accommodation, and an employee turns it down, the employee risks losing their ADA protections.