Case Explained: IBRAHIMA DIENG v. ORKIN, LLC

Court: United States Court of Appeals for the Fourth Circuit Filed: 2026-08-05 The fourth-circuit vacated the district court’s grant of summary judgment regarding Ibrahima Dieng’s claim that Orkin, LLC failed to provide a reasonable accommodation for his disability under the Americans with Disabilities Act (ADA), while affirming the dismissal of his claim for unlawful termination. The court held that genuine disputes of material fact exist concerning whether Dieng could perform the essential functions of available light-duty customer service and sales positions and whether Orkin engaged in the required good-faith interactive process to identify such accommodations. Specifically, the court ruled that keeping an employee on indefinite unpaid leave is not a reasonable accommodation when the employer knows the disability prevents a return to the original position and reassignment to a vacant, qualified position is possible. The court further determined that Dieng failed to exhaust his administrative remedies regarding the termination claim because his EEOC charges only alleged failure to accommodate and did not allege unlawful discharge or constructive discharge, rendering that portion of the summary judgment proper. Consequently, the case is remanded for trial on the failure-to-accommodate claim, while the termination claim remains dismissed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.