Disabled employees who need reasonable accommodations are entitled to what the ADA calls the interactive reasonable accommodations process. What exactly that means varies by the individual and may change over time.
Employers that consider the interactive process as a one-time thing may end up in court.
Here’s why: Some disabilities become more serious over time and employees’ accommodation needs may change. Other disabilities change; employees sometimes need accommodations, sometimes they don’t. Accommodations themselves may need to adapt as new medical treatments or workplace technologies emerge.
Advice: Regularly review accommodations—especially when an employee makes a fresh request for assistance. Remember, employees don’t have to submit requests in writing.
Recent case: Sandra, a nurse at the VA Medical Center in Butler, Pa., had a mouthful of dental fillings that contained mercury. As a result, she sometimes lost ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- NLRB's 'ambush' rules reduced union election cycle by 2 weeks
- Supremes weigh: Pay just to change clothes?
- How not to fire complaining employee: Use pretext, don't document real reasons
- 7 bills to watch: Congress' 2010 employment law agenda