If an employee claims she’s disabled and needs just a few accommodations to do her job, it may be wise to make them—even if you aren’t convinced she’s really disabled. That way, she can’t accuse you of failing to engage in the interactive accommodations process.
Recent case: Julie, who was an attorney for the city of Minneapolis, claimed she injured her shoulder at work. She filed a workers’ compensation claim. Later, she filed a lawsuit against the city, alleging retaliation for filing the workers’ comp claim and failure to accommodate her disability.
The city easily got the case dismissed when it showed that it had approved all leave she requested for treatment, and also provided ergonomic office furniture as an accommodation. She offered nothing to show that the city was uncooperative. (Delgado-O’Neil v. City of Minneapolis, No. 10-4021, DC MN, 2012)
- Carefully craft an escape clause in all job contracts
- California federal court rules: Government agency must insure employee's same-sex spouse
- No need to bend seniority rules to accommodate disabled employees
- Work the ADA process when it isn't obvious an employee has a qualifying disability
- Which companies must make their facilities accessible to disabled customers?