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Dubious request for ADA accommodation? Be prepared to document rationale for denial

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in Employment Law,Human Resources

Occasionally, an employee finds it difficult to work with particular co-workers or supervisors. Usually, that’s no big deal. But sometimes, strained interpersonal relationships cause such friction that the employee may seek medical treatment.

What should you do if the employee produces a health care professional’s diagnosis of stress, anxiety and post-traumatic stress disorder (PTSD), along with a recommendation to reassign the employee?

Do you accept that the employee is disabled and consider the reassignment as a reasonable accommodation? Or do you challenge the employee’s disability claim?

The correct answer is that you can both challenge the claimed disability and the idea that the transfer is a reasonable accommodation. That way, you cover all bases.

Recent case: Laura Frantz worked as a registered nurse at a Department of Veterans Affairs hospital. She was classified as an associate chief nurse and supervised 140 emplo...(register to read more)

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{ 2 comments… read them below or add one }

Laura Frantz October 1, 2014 at 1:27 pm

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aviation dept chicago September 11, 2013 at 5:06 am

Apparently, City of Chicago’s “Disability Officer”, Jennifer Smith, never learned to read or do her homework on caselaws governing her abritratrary distribution of reasonable accommodations. Jennifer Smith recently gave reasonable accommodations to a dayshift aviation police officer due to the “disability” that this officer does not get along with anyone and prefers to work with only her friends. nice gig

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