No ADA violation if accommodation is found outside interactive process — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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No ADA violation if accommodation is found outside interactive process

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in Employment Law,Human Resources

The ADA includes guidance to help employers satisfy the goal of providing disabled employees with reasonable accommodations so they can perform the essential functions of their jobs. For example, employers are required to engage in the so-called interactive process in order to brainstorm possible ways that employees can be helped to perform their jobs.

But what happens if the employee doesn’t engage in the interactive process, instead offering up his own idea for a reasonable accommodation? Does the employee still have the right to file a claim alleging failure to engage in the interactive process?

According to a recent case, the answer is no—as long as the employee is actually accommodated. That’s because courts don’t care as much about the process as they do about the result.

Recent case: Karl worked for a school district as a counselor. His duties also included before- and after-school tasks such as helping stu...(register to read more)

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