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ADA: Employer gets to pick reasonable accommodation

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in Discrimination and Harassment,Human Resources

Some employees believe that once their employer agrees that they are disabled, they can demand a specific accommodation. But that’s not true. In fact, it is the employer that gets to pick a reasonable accommodation.

Recent case: Richard worked for Verizon Communications and had a back disability. It made it extremely painful for him to be stuck in traffic for the morning and evening commute. He therefore demanded that his em­­ployer allow him to work the midnight shift. Verizon refused and instead told him to come in at 5:30 a.m., reasoning that this would help with the pain.

Richard sued, alleging failure to accommodate. The court threw out his case, reasoning that Verizon did accommodate his pain despite his different request. (Hamedl v. Veriz­­on Communications, et al., No. 12-4101, 2nd Cir., 2014)

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