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ADA accommodations aren’t always possible

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in Employment Law,Human Resources

Sometimes, employers have to stand their ground and refuse to try an un­­workable accommodation.

Recent case: Henry Kroeger was 65 when he applied for the job of communications operator in Monterey. The job involved serving as a radio dispatcher in emergency situations.

Kroeger has a hearing impairment, which was discovered during his post-offer, pre-employment physical. Kroeger demanded that his hearing loss be accommodated and suggested that turning up the volume on emergency calls would do the trick. Mon­te­rey re­­fused, because it would disrupt the workplace and would impair Kroe­ger’s ability to do a job requiring concentration and quick communication.

He sued for failure to accommodate his disability. The court took the em­­ployer’s side and dismissed the case. (Kroeger v. Parks and Recre­ation, No. C064005, Court of Appeal of Cali­for­nia, 3rd Appellate District, 2011)

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