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'Discussion over!' is not the interactive process required by the ADA

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Question: Do you know the “magic words” you need to say when an employee requests an accommodation under the Americans with Disabilities Act (ADA)? Do you even know when they’re asking for such accommodations?

You can’t expect employees to walk into HR and ask, “May I have a reasonable accommodation under the Americans with Disabilities Act of 1990? Oh, and don’t forget to engage me in the required interactive process!”

It’s true that employers must start an “interactive process” after an employee request an accommodation that may fall under the ADA. But that request may come in the form of someone saying, “My doctor says my back injury means I can’t lift heavy stuff anymore.”

As the following case shows, blowing off that interactive process could be seen by the courts as “bad faith,” which gives the employee a direct admission ticket to a jury trial.

Case in Point: David Vaughan, a part-time UP...(register to read more)

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