By: Madeline Remish and Erin Dougherty Foley

Seyfarth Synopsis: Accommodation is not a free pass from discipline or termination. In Lewis v. Indiana Department of Transportation, No. 25-1776 (7th Cir. April 22, 2026), the Seventh Circuit reaffirmed that employers do not violate federal anti‑discrimination laws when they terminate an employee with a disability, provided they do so for legitimate performance and conduct‑related reasons. Even where an employer approves a requested accommodation, employees remain responsible for performing the essential functions of their jobs and meeting workplace expectations. The court’s decision is especially instructive for employers managing remote‑work accommodations, where flexibility and accountability often collide.

Background and Remote-Work Accommodation

Keisha Lewis worked for the Indiana Department of Transportation’s Real Estate Division from 2014 until her termination in December 2022. Her position involved reviewing and approving federal relocation vouchers, which was work that directly affected INDOT’s ability to meet project deadlines and maintain federal funding. Lewis suffers from a kidney condition and, following the agency’s return to in‑office operations after the COVID‑19 pandemic, requested to continue working remotely due to her compromised immune system.

INDOT granted Lewis a remote‑work accommodation. In addition to allowing her to work from home, the accommodation included flexibility around exchanging physical paperwork, such as permitting Lewis to meet supervisors outside the downtown office to drop off processed checks. At several points, INDOT also worked with Lewis on documentation issues related to her accommodation and ultimately confirmed that she did not need to continually re‑justify her request.

Put simply, this was not a case where an employer denied an accommodation request or immediately rushed to discipline after one was made. INDOT granted the accommodation and attempted to manage Lewis’s performance within that framework.

Performance Issues Persist Despite the Accommodation

Problems arose, however, once Lewis was working remotely. According to the summary judgment record, Lewis began refusing to perform certain aspects of her job, including processing vouchers for the Finance Department, despite being directed to continue that work. At one point, she emailed a manager outside her chain of command to say she would no longer assist with relocation vouchers at all.

Supervisors also became concerned about Lewis’s productivity and transparency. She developed a significant backlog of unfinished work, initially estimated at 100 to 150 parcels. When supervisors attempted to monitor her workload through regular check‑ins and requested reports detailing her outstanding assignments, Lewis resisted those requests and, in some instances, refused outright to provide the information. She also repeatedly arrived late to meetings or missed them altogether.

When managers attempted to understand what Lewis was working while working remotely, they discovered that the backlog was far larger than initially believed. A report compiled shortly before the termination of her employment showed the backlog to include more than 400 outstanding parcels, including work tied to some of INDOT’s largest projects. Management determined that the delays were placing federal funding at risk and required significant time and expense to remedy.

Throughout this period, INDOT documented concerns related to Lewis’s performance, refusal to follow instructions, and workplace conduct. By December 2022, INDOT concluded that her continued employment was no longer sustainable and terminated her for poor performance and insubordination.

Disability Discrimination Under the Rehabilitation Act

Lewis alleged that her termination violated Section 504 of the Rehabilitation Act. The Seventh Circuit emphasized that this statute imposes a demanding causation standard. Unlike claims under the ADA, a plaintiff must show that the adverse employment action occurred solely because of the employee’s disability.

That standard proved fatal to Lewis’ claim. The undisputed record showed multiple legitimate reasons for her termination, including persistent performance deficiencies and insubordinate conduct unrelated to her medical condition. Lewis also did not dispute that the decisionmaker recommended termination based on those issues. Because her disability was not the sole reason for her termination, the Court held no reasonable jury could find in her favor.

No Evidence of Pretext or Retaliation

Lewis argued that INDOT’s stated reasons were a pretext and that increased monitoring after she began working remotely showed discriminatory or retaliatory intent. The Seventh Circuit rejected that argument, reiterating that pretext requires evidence that an employer did not honestly believe the reasons it gave. Disagreements about management style or the level of oversight do not suffice to establish pretext.

Here, INDOT consistently cited specific, documented concerns about Lewis’s productivity, her refusal to complete assigned work, and her resistance to supervision. The court emphasized that it does not second‑guess an employer’s business judgment where there is no evidence the proffered reasons were dishonest.

Lewis’s retaliation claims under both the Rehabilitation Act and Title VII failed for similar reasons. Although requesting an accommodation and filing internal complaints are protected activities, INDOT articulated legitimate, non‑retaliatory reasons for terminating her employment. The court found no evidence of a causal link between Lewis’s protected activity and her termination, and it noted that poor performance and insubordination are not protected conduct.

Key Takeaways for Employers

For employers navigating remote‑work and accommodation requests, the Lewis decision offers a familiar and reassuring message: granting an accommodation does not mean abandoning performance standards or tolerating an employee’s refusal to perform essential duties. Employers may continue to monitor productivity, request reasonable accountability measures, and take corrective action when expectations are not met, even where an employee is working remotely for medical reasons.

The decision also underscores the value of consistent documentation and clear communication. INDOT’s ability to show that it granted accommodations, addressed concerns as they arose, and relied on well‑documented performance failures was central to its success. Courts will not convert accommodation discussions into immunity from discipline where employers can demonstrate honest, well‑supported reasons for their decisions.

For questions regarding potential impact or compliance considerations, please contact the authors of this post or your Seyfarth attorney.