Now he tells us he’s disabled! Must we still accommodate with a flexible schedule?

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in Employment Law,Human Resources

Q. Our employment application asks applicants if they are capable of satisfactorily performing the essential job duties required of the position for which they are applying. We hired a worker who later told us that he has a medical condition that prevents him from coming to work on time and, on some days, coming to work at all. Are we required to accommodate this individual?

A. The answer to your question depends on whether your employee is considered disabled and qualified under the ADA and under its California counterpart, the Fair Employment and Housing Act (FEHA), in addition to whether attendance is an essential job function of your employee’s position.

Both the ADA and FEHA require a covered employer to provide a reasonable accommodation to qualified applicants and employees with a disability (or a perceived disability), where such an accommodation would enable the individual to perform the essential functions of the j...(register to read more)

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