• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Is intern’s lip ring a reasonable accommodation? Manager’s mistake sends ADA case to trial

Carol Warner
By: Carol Warner
  • Share on

About the Author

For nearly two decades, Carol Warner has analyzed the legal and financial realities behind workplace decisions, covering employment law, benefits, payroll and HR technology. She translates complex legal updates, regulatory shifts and vendor claims into plain language that HR teams can act on. Her focus is simple: What does this mean for employers, and what should they do next? Connect with her on LinkedIn.

Show Less
Last Updated: September 18, 2023
4 minute engagement
Piercings at work: Court allows ADA case over lip rings

A manager’s mistake during discussions about an intern’s lip ring doomed an employer’s chance to nip an ADA case in the bud. Here’s what went wrong:  

In January 2017, an Arizona school district hired Addam Brown – a doctoral candidate at a nearby university – as a volunteer school psychologist intern.

After Brown’s internship was approved, he signed a volunteer agreement that stated his internship was voluntary and unpaid. It also stated Brown was eligible to receive an incentive package – a laptop and a $100 professional development stipend – “upon completion of the internship if funding permits.”

Brown reported to the special education director, meeting with him in one-on-one sessions for two hours each week. Brown also provided counseling to students.

Is lip ring a reasonable accommodation?

On Feb. 13, Brown spoke to his manager, the special education director, about potential accommodations for his lip ring, explaining that it helped with his sensory needs. The manager discouraged Brown from wearing the lip ring, saying it was against school policy.

Afterward, Brown attempted to chew gum as an alternate accommodation, but it made his jaw hurt. Brown explained the problem to the manager, who allegedly said it wasn’t a problem and “the lip ring was a reasonable accommodation in this instance.”

Fired for wearing lip ring

On April 11, Brown received a “Termination of Internship” letter from the manager because he had continued to wear the lip ring despite his manager “informing him that that the piercing violated school policy.”

Brown filed an ADA suit, asserting claims of discrimination and retaliation. Specifically, he alleged the district discriminated against him when it failed to provide a reasonable accommodation and retaliated against him for requesting an accommodation related to his disability.

The district filed a motion for summary judgment, arguing that Brown was not an employee so he could not bring employment claims under the ADA.

Court examines preliminary issue

First things first: The court noted that the district had a point – an individual has to be an employee to bring employment discrimination and retaliation claims.

Here, Brown was a volunteer intern. Did that count as an employee?

The Ninth Circuit – followed by this Arizona federal court – has adopted six factors to help determine whether a “non-traditional worker is an employee,” the court explained. They are whether:

  1. the organization can hire and fire or set work rules for the individual
  2. the organization supervises the individual’s work, and if so, the extent of that supervision
  3. the individual reports to someone in the organization
  4. the individual has the ability to influence the organization
  5. the parties intended for the individual to be an employee, as expressed in written agreements or contracts, and
  6. the individual shares in profits, losses and liabilities of the organization.

The list is not exhaustive, and courts must consider “all incidents of the relationship.”

Here, the court said the first four factors clearly favored viewing Brown as an employee, as:

  • The district hired, fired and set rules for him.
  • Brown was supervised by and reported to his manager, the special education director, and
  • Brown’s job duties (providing counseling to students) indicated that he “exerted a considerable degree of influence to the psychological services” the school offered.

Only the fifth and sixth factors supported a finding that Brown was not an employee, the court determined. And the fifth factor was a really close call, the court explained. Why? While the agreement said Brown wasn’t an employee, it also said he was eligible for an incentive package. That undermined the district’s argument that Brown wasn’t an employee, the court said.

Nail in the coffin: Discussion about accommodations

Plus, the court gave significant weight to the discussions about potential accommodations.

The manager met with Brown to discuss potential accommodations and noted that their conversation involved “accommodations for ring: gum and/or other chewable items.” Moreover, Brown was terminated because he didn’t comply with the accommodations the district granted him, the court said.

In the court’s view, if Brown was a volunteer and not an employee, then his manager  “would have informed him that the district was not required to provide him accommodations under the ADA.” But the “opposite occurred here,” the court stressed.

Ultimately, the court decided Brown was an employee and could bring ADA claims against the district. The court denied the district’s motion for summary judgment, so the case will proceed.

Though this case is in the early stages, it’s definitely one to watch. We’ll keep you posted. In the meantime, if you missed it, check out Tattoos at work: What’s OK and what’s not.

Brown v. Riverside Elem. Sch. Dist. No. 2, No. CV-21-01569-PHX-DJH, 2023 U.S. Dist. LEXIS 139128 (D. Ariz. 8/9/23).

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

Webinars

How Company Culture Boosts Employee Performance – Achiever’s Page

Webinars

Identifying and Closing Skills Gaps at Your Organization

Webinars

How to Streamline HR: Condensing disparate systems & processes into one smooth, efficient workflow

Webinars

Lean AP for Distributed Teams: Unify Approvals, Invoices, and Payments

Provided by Yooz

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
E-signature confusion: Court OKs $7.2M award for former employees

A recent court decision out of California highlights just how important it is for employers to fully grasp the tech tools they use at work....

  • Employment Law
‘I Just Need 1 Hour’: Employer Denies Small Ask, Pays Big

A federal appeals court upheld a jury verdict against an employer that denied an employee permission to move her start time back by one hou...

  • Employment Law
Highly Compensated Employee Files FLSA Lawsuit: Here’s Why

Having trouble deciding whether an employee is exempt under the Fair Labor Standards Act (FLSA)? A ruling from a federal appeals court in a...

  • Employment Law
DOL: Childcare Worker Fired for Reporting Safety Concerns

The U.S. Department of Labor (DOL) has ordered a daycare facility to reinstate a fired childcare worker and pay $43,295 in back wages and d...

  • Employment Law
Worker Fired After 2 Positive Drug Tests: Was Termination OK?

Evolving cannabis legislation makes employee drug testing trickier than ever. But if an employee fails two drug tests in a row, it’s prob...

  • Employment Law
DOL Opinion Letter FLSA2026-10 Addresses Phone Calls During Commutes

Field-based roles raise unique FLSA compliance questions, including whether an employer must pay for work tasks performed before or during ...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.