Employer Obligated To Offer ADA Accommodation Absent Employee Request — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Employer Obligated To Offer ADA Accommodation Absent Employee Request

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Contrary to what employees may think, you're not a mind reader.  If you are unaware that an employee has a disability and they haven’t requested an accommodation, you are under no obligation to offer one.  However, if the disability is obvious, the duty to accommodate might be yours, even if the employee hasn’t asked for an accommodation.


In a case before the 2nd Circuit Court of Appeals, a 19-year-old employee who had cerebral palsy, which noticeably affected his ability to walk, talk, see, and eat, was hired as a pharmacy assistant.  His supervisor quickly became frustrated with his performance and moved him out of her department; he went from dispensing prescriptions to collecting shopping carts and garbage in the parking lot.  He was eventually transferred to the food department, but was not offered the option of returning to the pharmacy.  He quit after being given a schedule that conflicted with his commu...(register to read more)

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