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Employer–not disabled employee–gets to choose the reasonable accommodation

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in Employment Law,Human Resources

When an employer offers a legitimately reasonable accommodations for a disabled employee, it has fulfilled its obligation under the law. It doesn’t matter if the employee wanted some other accommodation or wasn’t happy with the level of employer/employee interaction used to arrive at the accommodation.

What counts is that the employer offered and implemented a reasonable accommodation. The interactive accommodations process is merely a means to that end, not an end unto itself.

Advice: When dealing with a disabled employee, keep careful track of all communications and accommodation offers. Be prepared to show that you took the request for accommodation seriously.

Remember, as long as an accommodation is reasonable, the employee doesn’t get to reject it just because she prefers some other option.

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