When a disabled employee needs reasonable accommodations, he has to tell his employer. Then the employer and employee must engage in an interactive process to see what accommodations are possible. Courts want to see sincere effort from both.
That’s why you should track the accommodations process—especially your accommodations suggestions and the employee’s reaction to them.
Recent case: James Moore worked as a bounty hunter until he injured his back while on the job. He told his employer his days as bounty hunter were over and asked for other possible positions that suited his medical limits. The employer offered three different jobs. Moore rejected each and sued, alleging failure to accommodate.
The case was tossed out because Moore was the one who withdrew from the accommodations process, not the employer. (Moore v. California Surety Investigations, No. D055253, Court of Appeal of California, 2011)
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/13412/track-accommodation-process-to-pinpoint-ada-breakdown "
- Employee's 'Audio Diary' Spawns Lawsuit Against Pittsburgh TV Station
- Religious accommodations: Know when to say 'Yes' or 'No'
- When whistle-Blowing is involved, discharge reasons must be rock-Solid
- Supreme Court OKs Arizona's work authorization law
- Rules for tough times: California's Baby WARN Act and layoffs