ALEXANDRIA, Va. — SHRM fundamentally disagrees with the jury's verdict in the Torres matter and will evaluate all reasonable appellate options. This outcome penalizes an organization for executing a rigorous, good-faith, multi-step interactive process — exactly the kind of process the ADA was designed to require.
Accommodation is meant to be a dialogue, not a dictation. The Americans with Disabilities Act requires cooperation from both sides. An applicant's preference for one specific accommodation does not strip an employer of its right to establish reasonable operational boundaries or to propose alternative, effective solutions.
SHRM extended a conditional offer of employment with full knowledge of Ms. Torres's Type 1 diabetes diagnosis. We thoroughly reviewed her medical documentation, engaged legal counsel, and proposed multiple good-faith alternatives — including support for continuous glucose monitoring, insulin pump adjustments, and flexible leave. SHRM said no to one specific accommodation. We did not say no to Ms. Torres, her diagnosis, or her need for support.
The evidence presented at trial supports the reasonableness of SHRM's position. Ms. Torres's own treating physician testified that she has never prescribed a diabetes alert dog; indeed no doctor has ever prescribed Ms. Torres a diabetes alert dog. Testimony also established that Ms. Torres herself routinely manages her diabetes without the dog in a wide range of settings, including exercise, travel, and professional environments, relying instead on a continuous glucose monitor — the same monitoring approach SHRM proposed as part of its offered accommodations.
This case carries implications well beyond SHRM. If today's verdict becomes precedent for the principle that an employer must always capitulate to an employee's exact preferred accommodation, the interactive process the ADA was built around ceases to function. We are evaluating all appellate options to protect not just our own position, but the operational rights of HR departments and employers nationwide who rely on that process every day.
SHRM remains fully committed to fair, respectful, and legally compliant accommodation processes for every employee and applicant, and we will continue to defend that commitment as we evaluate all appellate options.
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