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Prove good faith on ADA accommodations by tracking response to offers

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in Employment Law,Human Resources

If an employee ever requests various accommodations for her disabilities, be sure to track how she responds to your accommodation offers. That way, you can later make the argument that it was she—not you—that didn’t cooperate in efforts to find workable disability solutions.

Recent case: Yvonne worked as a casino blackjack dealer. The casino’s attendance policy assessed points for absences and early departures. Employees who earned 10 attendance points or more during a 12-month period faced termination.

However, the casino also had an “early out” list that employees could use to leave early if they weren’t needed. Those who signed up for the list at the beginning of a shift could leave early without penalty if casino traffic slacked off during the shift.

Yvonne had attendance problems—so much so that for several years, she came close to being fired.

Then she developed arthritis and requested reasonable accommodations in the ...(register to read more)

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