The ADA requires employers to work with employees who need reasonable accommodations. Show you did so in good faith by documenting the process. That means tracking email exchanges, taking notes during meetings and generally responding as quickly as possible.
Be sure to note the employee’s actions, too. If she fails to respond to your accommodation offers, she’s unlikely to win a failure-to-accommodate lawsuit.
Recent case: Gaye worked for the Department of Homeland Security (DHS), performing clerical work. Twice, she filed workers’ compensation claims. The first was for a sore shoulder; the second for carpal tunnel syndrome. Gaye asked for accommodations each time.
After receiving her email request, DHS almost immediately asked her for more medical information in order to assess what accommodations might be needed. She never responded. After the second request for accommodations, Gaye’s attorney told DHS to contact him directly. The agency sent him a list of questions, but again got no response.
Gaye then sued, alleging failure to accommodate.
The court tossed out her lawsuit, noting that DHS had twice asked for information and got no response. It said the accommodations process is a two-way street. (Larson v. Napolitano, No. 10-4830, DC MN, 2012)
Final note: The court also concluded that Gaye wasn’t disabled. Her only limitation turned out to be having to use scissors to open packages, pliers to open coffee can pull tabs and some pain when doing her hair. That’s pretty minor.
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/31898/document-your-good-faith-efforts-to-implement-ada-accommodations-process "
- You Can Change Workers' Hours on Short Notice
- Understand the North Carolina Persons with Disabilities Protection Act
- Calif. Supreme Court upholds strict limits on noncompetes
- Is there any way to keep staff from speaking with former employee's attorney?
- Ohio EEO official's motto: 'Do as I say, not as I do'