Employer gets to choose ADA reasonable accommodation — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employer gets to choose ADA reasonable accommodation

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in FMLA Guidelines,Human Resources

Sometimes, there are several ways to  accommodate a disabled employee. As long as the one the em­­­­ployer chooses is reasonable, the employee can’t claim an ADA violation.

Recent case: Elisa, a police officer, was allegedly sexually harassed and developed post-traumatic stress disorder. She was transferred to a monitoring unit, but got into an argument with a co-worker and was moved back to patrol duty.

She claimed she couldn’t serve as a patrol officer because of her medications and requested monitoring duty as a reasonable accommodation. In­­stead, the police department offered FMLA and other unpaid leave. She took FMLA and one additional leave, but refused a second leave.

She was discharged and sued, alleging failure to accommodate. The court said she had been accommodated with leave; her preference didn’t trump the department’s accommodation choice. (Diaz v. City of Phil­­a­­del­­phia, No. 12-2593, 3rd Cir., 2014)

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