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Bypass ADA interactive accommodation process at your peril

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in Discrimination and Harassment,Human Resources

by Richard S. Finkel, Esq., Bond, Schoeneck & King, Garden City

Discrimination claims are expensive to defend. If they reach a jury, the results are often unpredictable. That’s one reason employers need to do everything within their power to preserve the option to file a motion for summary judgment. It’s one of the most effective risk and cost containment tool available to employers facing a discrimination lawsuit, and it’s especially important in disability discrimination cases. 

When it comes ADA disability discrimination claims, employers have to think about litigation as soon as an employee self-identifies as disabled and brings up potential reasonable accommodations.

If a supervisor or HR professional refuses to even consider accommodations—that is, refuses to “engage in the interactive accommodations process”—it all but guarantees that the case won’t be dismissed at the summary judgment stage, potentially leading to a ...(register to read more)

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