Posts Tagged ‘reasonable accommodation’

warehouse employee return to work

The dangers of ‘100% healed’ and ‘no restrictions’ policies

The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses for the employer. Once an employer is aware of an individual’s disability and the possible need for an accommodation to perform their job, it is the…

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employer duty to initiate interactive process

An employer’s duty to initiate the ‘interactive process’ without a request for accommodation from the employee

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the employee or others. ADA regulations provide that in order to determine an appropriate reasonable accommodation, it may be necessary for the…

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The need for actual medical evidence in disability cases

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when their duty to accommodate kicks in. Although we caution employers to consider such employee statements seriously and to at least initially presume an obligation to consider reasonable accommodation, the law ultimately places the burden on the employee to produce actual medical evidence of a disability and its impact on major life activities, as opposed to the employee’s mere opinion.

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REASONABLE ACCOMMODATION » Nice guys finish first

On January 3, 2013, the Tenth Circuit Court of Appeals affirmed summary judgment for an employer who terminated an employee because he could no longer perform the essential functions of his job. This opinion reemphasizes what an employer’s obligations are — and are not — under the Americans with Disabilities Act, and it makes clear an employer should not be penalized for providing any particular temporary accommodations.

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Employers are required to offer reasonable accommodations

Under the Americans with Disabilities Act, employers are required to make “reasonable accommodations” for disabled employees so that they can continue to perform the essential functions of their jobs. In some cases, this might mean making physical changes to the workplace to make it more accessible or usable. In other cases, it might include purchasing special…

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