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Before starting ADA accommodations process, ask basic question: Is this employee disabled?

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in Employment Law,HR Management,Human Resources

Finding a reasonable accommodation is a two-way street. Both the employer and the disabled employee are supposed to engage in the ADA’s interactive accommodations process. The idea: Working together, the two can reach a workable accommodation that best suits both business needs and the employee’s particular disability.

But part of that interactive process includes determining whether the employee is, in fact, disabled. If he’s not, the process need go no further.

That’s why the process should start with gathering facts from the em­­ployee and his doctors so you can assess the employee’s condition and determine if it impairs a major life function such as walking, talking, seeing, breathing and caring for oneself.

The report may surprise you. While an employee may think of his condition as disabling, medical specialists may not. If the doctors don’t think the employee’s condition impairs a major life function, you needn’t go f...(register to read more)

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