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Accommodation requires completely new job? Disabled employee must give it an honest try

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in Employment Law,Human Resources

The ADA requires employers to offer disabled employees reasonable accommodations that allow them to perform the essential functions of their jobs.

The process of finding a reasonable accommodation is supposed to be an interactive one. Employer and employee are both obligated to keep the lines of communication open as they consider different options.

Employers aren’t required to create new positions to meet the disabled employee’s needs. However, they must consider the employee for open positions that he or she may be qualified to perform.

But what happens if an employer offers an employee an open position that he may need training to perform? According to a recent decision, the worker has an obligation to give the new job a try.

Recent case: Derrick worked as a manual laborer and supervisor for the city of Austin. When he was injured in an on-the-job auto accident, he took FMLA leave to begin recovery. However, he could not ...(register to read more)

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