Third Circuit Tightens ADA Notice Rule, Backs Discipline for Disability-Linked Misconduct
Third Circuit employers gain clearer authority to discipline ADA-protected misconduct when workers first raise a disability during disciplinary proceedings.
In Hileman v. West Penn Allegheny Health System, the Third Circuit held that ADA plaintiffs must clearly and timely communicate their accommodation needs, and that employers are not required to excuse misconduct connected to a disability, especially when the employee first identifies the disability as part of a disciplinary process. The decision reinforces two practical principles for HR and in-house counsel: documentation of an employee's failure to request accommodation matters, and disciplinary records need not be softened simply because an employee later attributes misconduct to a medical condition. Employers should review accommodation-request intake procedures, ensure managers are trained to recognize and route requests promptly, and coordinate counsel early when discipline intersects with a newly disclosed disability. The ruling narrows the gap between accommodation and accountability in the Third Circuit.