Employees who need some form of reasonable accommodation to perform the essential functions of their jobs may have very specific ideas about the best way to accommodate their needs. But those may not be best for the employer.
Employers are free to offer the accommodations they prefer as long as they are effective.
Recent case: Lynn Branham, who has epilepsy, taught law at Thomas Cooley Law School. After conflicts with her supervisor, she told him about her condition and requested reassignment to teach criminal law rather than torts or a new class she had never taught. Instead, the law school offered her an administrative position or a leave of absence. She sued, alleging failure to accommodate.
The court dismissed the case, reasoning that the law school could pick the accommodation it preferred. (Branham v. Thomas Cooley Law School, No. 1:07-CV-630, WD MI, 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employees may choose just one: Either workers' comp or retaliation lawsuit
- Include fair geographical and time limits in noncompete pacts
- After FMLA leave, don't presume future needs
- NYC pawnshop pays full price to settle harassment complaint