Federal Court Considers Four-Month Assistive Software Delay in ADA Accommodation Claim Against SkyWest

In a report and recommendation issued on July 22, 2026, a U.S. magistrate judge for the United States District Court for the Northern District of Georgia evaluated cross-cutting Americans with Disabilities Act (ADA) claims filed by a former remote Corporate Technical Publications Specialist against SkyWest Airlines, Inc.

The magistrate judge recommended granting SkyWest's motion for summary judgment on claims of disparate treatment and retaliation, but denying the motion regarding the plaintiff's failure-to-accommodate claim.

Workplace Duties and Accommodation Request

The plaintiff worked remotely for SkyWest from July 2022 until August 2023, responsible for editing, proofreading, and publishing HTML documents on the carrier's corporate website. Diagnosed with amblyopia and subject to eye strain, the employee requested assistive screen-reading software (ClaroRead) and short screen breaks from her supervisor in early August 2022.

Under company procedures, managers were required to route accommodation requests through Employee Relations or supply official forms. Instead, the supervisor sent an IT inquiry on August 5, 2022, but did not follow up for nearly three months. The software, costing approximately $200, was evaluated only after the plaintiff escalated her request to the Managing Director of Safety on October 26, 2022. The formal accommodation request form was submitted on November 11, 2022, and the software was delivered and installed on December 1, 2022.

Unreasonable Delay in Accommodation

Under Eleventh Circuit precedent, an unreasonable delay in implementing a reasonable accommodation may itself constitute a violation of the ADA. In assessing whether SkyWest's four-month timeline was unlawful, the magistrate judge noted:

• SkyWest offered no interim or alternative accommodations between August and December 2022.
• The supervisor did not pursue the initial request with IT or connect the employee with Employee Relations.
• Management acknowledged they did not know where the request stood until late October.

While SkyWest argued that the employee was eventually accommodated and questioned whether her visual impairment substantially limited major life activities, the court found genuine issues of material fact regarding disability and the unreasonableness of the delay.

Disparate Treatment and Retaliation Claims Dismissed

The magistrate judge recommended summary judgment in favor of SkyWest on the plaintiff's disparate treatment and retaliation claims:

• Disparate Treatment: The plaintiff failed to produce evidence of similarly situated, non-disabled comparators receiving more favorable treatment. Her proposed comparator also experienced medical issues and received workplace accommodations.
• Retaliation: The record documented persistent performance and accuracy concerns beginning early in her employment and continuing through two formal Letters of Instruction, administrative leave, and a signed performance agreement prior to termination on August 2, 2023. The judge concluded that temporal proximity alone to complaints and EEOC filings was insufficient to demonstrate pretext.

The non-final recommendation is now pending review by the presiding district judge.

Full case details can be found in the court document.