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Flexibility makes for good accommodations–and a good strategy for winning ADA lawsuits

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in Discrimination and Harassment,Human Resources

Employers that exercise patience and remain flexible over the long term are best positioned to win an ADA failure-to-accommodate lawsuit filed by a disabled employee. When it comes to accommodating disabilities, employers must be prepared to adapt because a disabled employee’s condition may change over time.

Some disabled individuals may improve and find they need fewer accommodations. Others may need more assistance over time.

That’s one reason to regularly review accommodations to determine which are working, which should be modified and which can be removed entirely.

Here’s how one employer handled a disabled worker with changing medical restrictions—and won a failure-to-accommodate lawsuit.

Recent case: Kathy began unloading trucks for Walmart in 1995. Two years later, after receiving good reviews and regular raises, she transferred to a stocking position. The stocking position required climbing a ladder and working in d...(register to read more)

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