When faced with a disabled employee, you must actively negotiate possible accommodations in good faith. That may seem obvious, but employers are constantly tripping over their failure to engage in the "interactive accommodations process" the ADA requires. The most common error: assuming that no reasonable accommodation is possible and firing the employee. That's foolish and unnecessary.
Best course: If an employee says he is disabled and needs help doing the job, ask what he thinks will help. If he doesn't know and you have no ideas either, seek professional outside help; don't just throw up your hands and fire the person.
You may want to call the person's doctors or a rehabilitation expert. Check with the EEOC, the Labor Department or your state's labor agency. Document your actions. Just make sure you can show some effort to accommodate the person's disability; doing nothing is unacceptable, as the following case shows.
Recent case: A researcher at a college law library was diagnosed with a disease that would eventually leave her blind. When she met with the college's ADA coordinator, she explained her medical condition and that she had an upcoming appointment with a vocational counselor. During the meeting, she couldn't suggest a reasonable accommodation for her disability.
The ADA coordinator viewed her "no accommodation" statement as an admission that she couldn't perform the job's essential functions, so the college fired her. She sued and the court sided with her, saying the college acted in bad faith by summarily dismissing her. It should have begun the hunt for possible ADA accommodations. (Cutrera v. LSU, No. 4-31100, 5th Cir., 2005)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/131/dont-give-up-on-accommodations-too-early-show-a-good-faith-effort "