The document discusses absence or leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). It provides an overview of the ADA and what constitutes a disability and a qualified individual. It discusses requests for accommodation and the employer's obligation to engage in an interactive process. It addresses various types of accommodations including leave, modified schedules, working from home, and best practices for employers.
Courts and government agencies have been busy this year in the area of employment law. This presentation addresses the key new developments and cases from the last year and covers a wide variety of topics to keep you up-to-date on what is new in employment law and how to make sure your workplace is compliant.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
Courts and government agencies have been busy this year in the area of employment law. This presentation addresses the key new developments and cases from the last year and covers a wide variety of topics to keep you up-to-date on what is new in employment law and how to make sure your workplace is compliant.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
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Avoiding Workplace Pitfalls for Domestic and Foreign Workers - Discrimination...Badmus & Associates
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC present three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This presentation gives tips and tools to prevent and defend against employment and immigration discrimination claims.
Stuart Rudner spoke at the Benefits3 Conference 2016 where he addressed medical marijuana; finding the balance between the duty to accommodate and the need to keep the workplace safe.
The 2013 National Defense Authorization Act creates strong new protections for employees of federal contractors and subcontractors who “blow the whistle” on their own employers. The law encourages employees to report “gross mismanagement,” “gross waste,” “abuse of authority” and other misconduct related to federal contracts. Mark discusses these new protections.
Overview of management best practices for the employment relationship from creation to termination (Presentation for the Workforce Planning Board of York Region)
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Handout for Session II - Avoiding Discrimination Claims
Avoiding Workplace Pitfalls for Domestic and Foreign Workers - Discrimination...Badmus & Associates
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC present three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This presentation gives tips and tools to prevent and defend against employment and immigration discrimination claims.
Stuart Rudner spoke at the Benefits3 Conference 2016 where he addressed medical marijuana; finding the balance between the duty to accommodate and the need to keep the workplace safe.
The 2013 National Defense Authorization Act creates strong new protections for employees of federal contractors and subcontractors who “blow the whistle” on their own employers. The law encourages employees to report “gross mismanagement,” “gross waste,” “abuse of authority” and other misconduct related to federal contracts. Mark discusses these new protections.
Overview of management best practices for the employment relationship from creation to termination (Presentation for the Workforce Planning Board of York Region)
UNIVERSIDADE ESTADUAL DO PIAUÍ – UESPI
CAMPUS RIO MARATAOAN – BARRAS – PI
CURSO: LICENCIATURA PLENA EM GEOGRAFIA
PROFESSOR: KENNEDY JOSÉ
BLOCO: IV
ACADÊMICO: GIRLENO OLIVEIRA
Do you have what it takes to successfully lead change in your organization? This session features a discussion on leadership in the context of organizational change and the attributes of leaders that successfully lead change within their organizations.
You will learn:
How to Define Agents of Change
The Importance of Change/Change Agents
The Attributes of Leaders/Change Agents
Environments that Foster Innovation
Finding/Developing Leaders of Change
ADAAAThe Americans With Disabilities Act As AmendedThe.docxAMMY30
ADAAA
The Americans With Disabilities Act As Amended
The Americans with Disabilities Act (ADA), which became effective in 1992, is an uncompromising proclamation of this country’s commitment to equal opportunity for the disabled.
The ADA is enforced by the EEOC
The act specifically provides that the procedures and remedies under Title VII of the Civil Rights Act of 1964 shall be those used or available under the ADA
Remedies available include
Injunctions
Hiring or reinstatement order (with or without back pay)
Attorney fees
The Civil Rights Act of 1991 amended 42 U.S.C. Section 1981A to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the ADA
A disability is defined as a physical or mental impairment that substantially limits a person’s ability to walk, see, hear, perform manual tasks, learn, work, or care for him/herself.
Under the ADA, disability is broadly defined as:
A physical or mental impairment that substantially limits one or more of the major life activities of such individual
A record of such an impairment; or
Being regarded as having such an impairment
To qualify for ADA protection the disability must be long term (generally longer than six months) or permanent.
Individuals can establish that they are “regarded as having such an impairment” if they show that they have been subjected to discriminatory treatment because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity
Essential functions are the core responsibilities of a job as distinguished from marginal or incidental assignments.
The ADA applies to employers with a minimum of 15 employees.
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.
The ADA encourages woul.
Got the ADA basics down and ready to tackle the graduate level course on the complex ADA issues that trip up even the best of HR and legal professionals? Gary Clark and Will Walden will tackle complex ADA issues, such as:
-Mental illness accommodations in the workplace
-The intersection between the ADA and workplace violence threats
-Medical marijuana, opioid and prescription drug use in the workplace
-Navigating a direct threat to health and safety decision
-Fitness for duty tests and examinations
-Managing employees on extended leaves after FMLA has expired
-Identifying accommodations that previously were per se unreasonable, but now must be considered
Please join Gary and Will as they cover these and other tough ADA issues in the workplace.
HR Webinar: HR Professional’s Role in Managing Leave of AbsenceAscentis
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• Overview of the ADA
• Conflicts between the ADA and FMLA
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
This is a complete guide to FMLA, including qualifying factors, notice requirements, certification, calculating and tracking leave, employer responsibilities, and additional resources.
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave per year for family and medical reasons to eligible employees at employers with 50 or more employees.
Under FMLA, employees are entitled to return to their same or an equivalent job at the end of their FMLA leave and retain their group health insurance coverage. FMLA also provides certain military family leave entitlements for eligible employees.
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Columbus Family Medical Leave Act (FMLA) attorneys representing clients in Ohio in FMLA discrimination, FMLA retaliation, & interference with FMLA rights.
Compliance Overview - Americans with Disabilities Act (ADA)ntoscano50
The Americans with Disabilities Act (ADA) is a federal law that makes it illegal for covered employers to discriminate against qualified individuals with disabilities in all employment practices, such as recruitment, compensation, hiring and firing, job assignments, training, leave and benefits. Employers with 15 or more employees are covered by the ADA.
The ADA requires a covered employer to provide a reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship on the operation of the employer's business. Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.
FMLA and Other Leave Laws: Learn What’s Changing and How to Stay CompliantComplyRight, Inc.
Of all the employment laws affecting today’s businesses, the Family and Medical Leave Act (FMLA) is one of the most complicated. When does it apply? What does it cover? How do you track the time taken? Is it always unpaid?
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Your business likely functions more effectively when your employees are at work doing the work you hired them to perform? What are your rights (and obligations) as an employer when an employee is unable to work due to an illness or injury? Does the Family and Medical Leave Act apply? Do you operate in a jurisdiction that has recently enacted a sick leave law? What happens when an employee requests a reasonable accommodation because of a disability? These types of questions have been confounding employers for years and are likely to grow more complicated as state and local governments step in to fill the voids left at the federal level. Do not despair, though, as this webinar includes discussions of the mistakes commonly made by employers as well as a series of tips and pointers from a panel of experts who will help you navigate these and other thorny issues involving employees who are unable to work for health-related reasons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/time-for-a-break-managing-leaves-of-absence-and-accommodating-disabilities-2021/
Similar to Americans With Disabilities Act and Absence as an Accomodation (20)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
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Car Accident Injury Do I Have a Case....Knowyourright
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Americans With Disabilities Act and Absence as an Accomodation
1. AMERICANS WITH DISABILITIES
ACT AND ABSENCE AS AN
ACCOMMODATION
Christina Jepson, Department Chair
Parsons Behle & Latimer
cjepson@parsonsbehle.com
Lorman Education Seminar, Salt Lake City
parsonsbehle.com
3. 3
Overview of ADA
ADA requires an employer to
Provide reasonable accommodations
To qualified individuals (employees or
applicants)
Who have a disability
Unless it would cause the employer an undue
hardship
4. 4
What is a Disability under
the ADA?
Disability:
A. A physical or mental impairment that
substantially limits one or more major life
activities;
B. A record of such impairment or being regarded
as having such an impairment.
C. Substantially broadened with 2007
amendments
5. 5
What Does Qualified Individual
With a Disability Mean?
A qualified individual:
“An individual with a disability who, with or without
reasonable accommodation, can perform the
essential functions of the employment position that
such individual holds or desires.”
6. 6
Essential Functions
Only qualified individual(s) can claim an
ADA accommodation
Qualified means can perform essential functions
(with or without reasonable accommodation)
Perform essential functions generally requires
being on the job
We will discuss absence or leave as an
accommodation
7. 7
Accommodations
Accommodations include:
“Modifications or adjustments to the work
environment, or to the manner or
circumstances under which the position held or
desired is customarily performed, that enable a
qualified individual with a disability to perform
the essential functions of that position.”
EEOC Guidance
8. 8
Accommodations
General types of accommodations (EEOC):
Making existing facilities accessible
Job restructuring
Part-time or modified work schedules
Acquiring or modifying equipment
Changing tests, training materials, or policies
Providing qualified readers or interpreters
Reassignment to a vacant position
EEOC Guidance
12. 12
Accommodations
Holly v. Clairson Industries, 492 F.3d 1247
(11th Cir. 2007):
The very purpose of the reasonable
accommodation provision is to require
employers to treat disabled individuals differently
in some circumstances when different treatment
allows a disabled individual to perform the
essential functions of his position by
accommodating his disability
13. 13
Accommodations
The term “discriminate” includes not making
reasonable accommodations to the known
physical or mental limitations of an otherwise
qualified individual with a disability unless (the
employer) can demonstrate that the
accommodation would impose an undue
hardship on the operation of the business
This means: “Known limitations” are very
important.
14. 14
Requests for Accommodation
Employee:
– Need not give written notice
– Need not follow company procedure
– Need not report claimed limitation to HR
– Need not use legal terms
Request for time off may be how
employee makes known some limitations
15. 15
Requests for Accommodation
“I’m having trouble getting to work at my
scheduled starting time because of medical
treatments I’m undergoing.”
“I need six week off to get treatment for a back
problem.”
Employee’s spouse phones the supervisor to
inform her that employee had a medical
emergency, is in hospital, and needs time off
EEOC Guidance
16. 16
Requests for Accommodation
Employer should initial the interactive process
without being asked if the employer:
1. Knows employee has disability
2. Knows or has reason to know employee is experiencing
work problems because of disability
3. Know or has reason to know that disability prevents
employee from requesting
If individual say she does not need accommodation,
employer has fulfilled obligation
EEOC Guidance
17. 17
What if You Receive a “Request”
Engage in the “interactive process”
Employer and individual should engage in an informal
process to clarify what individual needs and appropriate
accommodations
Employer may ask relevant question to help it make
informed decision
May ask what type of accommodation is needed
Failure by employer to initiate or participate in an
informal dialogue after receiving request may result in
liability
EEOC Guidance
18. 18
What if You Receive a “Request”
Documentation
When the disability and/or need for accommodation is not obvious,
employer may ask individual for reasonable documentation about
the disability and functional limitations
Employer is entitled to know the individual has a disability for which
she needs an accommodation
Only what you need – not complete medical records
May require documentation from health care professional
May only require employee to see professional of employer’s
choosing if documentation is insufficient
EEOC Guidance
19. 19
Absence or Leave
We are going to focus on absences and/or
leave as a reasonable accommodation
This is a hot area of law
The EEOC is pushing for broader
accommodations
Employers are pushing back
20. 20
Leave
An employee may need leave for:
Medical treatment (surgery, psychotherapy,
substance abuse treatment, rehabilitation
services, or physical or occupation therapy)
Recuperating from illness or episodic symptoms
of disability
Receiving training
EEOC Guidance
21. 21
Accrued Leave
One type of reasonable accommodation is
permitting the use of accrued paid leave or
unpaid leave when necessitated by a disability
Do not have to provide paid leave beyond that
which is provided to similarly situated employees
Employers should allow employee to exhaust
accrued paid leave first and then provide unpaid
leave
EEOC Guidance
22. 22
Accrued Leave
Example: Employee has 10 days of accrued
paid time off but needs 15 days of leave for
medical treatment. The employer should allow
the employee 10 days of paid leave and 5 days
of unpaid leave.
EEOC Guidance
23. 23
No Fault Leave Policies
EEOC says employer may not apply “no
fault” leave policy to a disabled employee
who needs additional unpaid leave
A no fault leave policy provides that an
employee is automatically terminated after leave
for a certain period of time
Modifying workplace policies is a form of
reasonable accommodation
EEOC Guidance
24. 24
No Fault Leave Policies
Tenth Circuit (our jurisdiction) disagrees.
Hwang v. Kansas State University, (10th Cir.
May 29, 2014)
EEOC has sued many employers alleging
inflexible leave policies unlawful because
disabled individuals may need more leave
In this case, Hwang was a professor who had
cancer and had been granted six months of
medical leave pursuant to employer’s leave
policy which was capped at six months
25. 25
No Fault Leave Policies
Hwang v. Kansas State University, (10th Cir. May
29, 2014)
As her leave came to and end, he doctor advised her to seek
more time off work
She requested more leave and was denied. The University
arranged for her to receive LTD.
She sued and relied on the EEOC Guidance
The Tenth Circuit disagreed with the plaintiff and said it was
not even a close question
“Perhaps it goes without saying that an employee who isn’t
capable of working for six months isn’t an employee capable
of performing a job’s essential functions”
26. 26
No Fault Leave Policies
Hwang v. Kansas State University, (10th Cir. May
29, 2014)
The Tenth Circuit said an inflexible policy can serve to
protect the rights of the disabled by ensuring leave
requests are singled out as can happen in a system with
fewer rules
27. 27
Return Date After Leave
Sometimes an employer is required to provide
leave with no fixed date of return. Return dates
are usually approximate and sometimes set
backs change date. However, if employer can
show that lack of fixed return date is an undue
hardship it can deny the leave. Employer can
require periodic updates regarding return date.
EEOC Guidance
28. 28
Return After Leave
An employer has to hold open a disable
employee’s job as a reasonable
accommodation
If the employee is granted leave as a reasonable
accommodation, he is entitled to the same
position unless employer shows undue hardship
If undue hardship, must consider a vacant,
equivalent position
EEOC Guidance
29. 29
Use of Leave
An employer cannot penalize an employee for work
missed during leave taken as a reasonable
accommodation
It would be retaliation and
It would make the employer liable for failure to accommodate
Example: Salesperson takes 5 months of leave as a
reasonable accommodation. Any employee 25% below
median sales is let go. The employer terminates the disabled
employee without accounting for the leave. Violates ADA.
EEOC Guidance
30. 30
Use of Leave
Overlap with ADA – Mark will discuss
Determine rights under each statute separately
Under ADA, employee may be entitled to more
leave than FMLA leave
No duty to meet FMLA 1 year requirement or
hours requirement
Must continue health insurance benefits if it does
so for other employees in similar leave status
31. 31
Part-Time or Modified Schedule
Employer must allow a disabled employee to work
a modified or part-time schedule if necessary as a
reasonable accommodation and no undue
hardship. Examples:
Altering arrival or departure times
Periodic breaks
Altering when functions are performed
Part-time schedule
Irregular schedule
EEOC Guidance
32. 32
Part-Time or Modified Schedule
Employer need not modify the work hours of an
employee with a disability if doing so would
prevent other employee from performing their jobs
Example: Crane operator (who operates with
three other people) wants adjusted hours. The
employer could only do this by requiring others to
change their hours or do nothing. Undue hardship.
EEOC Guidance
33. 33
Part-Time or Modified Schedule
Samper v. Providence St. Vincent Med. Ctr., 675
F.3d 1233 (9th Cir. 2012)
A neonatal nurse had a health condition that required
unplanned absences and she requested an exception to
the attendance policy – essentially an open-ended
schedule
The Court found that given her job attendance was an
essential function because it was difficult to provide
replacements on short notice
34. 34
Work at Home
Employer must allow work at home as a
reasonable accommodation if it is effective
and not an undue hardship
Whether essential function can be performed at
home – Cashier? Telemarketer? Proofreader?
Adequate supervision
Equipment and tools
EEOC Guidance
35. 35
Work at Home
EEOC v. Ford Motor Company, No. 12-2484 (6th
Cir. Apr. 22, 2014)
Jane suffered from severe irritable bowel syndrome and
would soil herself by simply standing up
She asked to work as resale steel buyer from home up
to four days a week
Ford denied the request saying the position necessitated
face-to-face interactions and that email and
teleconferencing was insufficient for team problem
solving
36. 36
Work at Home
EEOC v. Ford Motor Company, No. 12-2484 (6th Cir. Apr.
22, 2014)
Ford terminated Jane for failing to meet job objective and she filed a
charge. The EEOC filed suit against Ford.
EEOC argued that Ford could have accommodated her by
eliminating the requirement that she be physically present and allow
telecommuting
Court stated that: “When we first developed the principle that
attendance is an essential requirement of most jobs, technology was
such that the workplace and employer’s brick-and-mortar locations
were synonymous.”
“Instead, the law must respond to the advance of technology in the
employment context, as it has in other areas of modern life, and
recognize that the ‘workplace’ is anywhere than an employee
can perform her job duties.”
37. 37
Work at Home
EEOC v. Ford Motor Company, No. 12-2484 (6th Cir. Apr.
22, 2014)
The Court disagreed with Ford that physical attendance was critical
to the group dynamic of the team
Jane did need to conduct occasional site visits with steel suppliers
but could do so even if she primarily worked at home
The Court said that Ford should have done a better job engaging in
the interactive process – it offered to either move her cubicle closer
to the bathroom or move her to position more suitable for
telecommuting. The Court said that was inadequate.
The Court did acknowledge that predictable attendance is an
essential function for many jobs, but that telecommuting was no
longer “extraordinary” or “unusual”
38. 38
Best Practices
1. Review and Update Your Job Descriptions. Job descriptions
are key in ADA cases. You use them when you are figuring
out what are the essential functions of the job and can they
be accommodated. You use them in charges and lawsuits
when you are defending your decisions. You are in a bad
position if you say being at work is an essential job function
and it is not in your job description.
2. Implement a Policy. It is good to have an ADA policy and a
specific policy for the interactive process. Describe the
interactive process. Let employees know that if they request
an accommodation, you will work with them to try to provide
an accommodation.
39. 39
Best Practices
3. Train Your Manager and Supervisors on Your Policy.
Remember that a “request” can be very informal. It is often
made to a supervisor not HR. Your supervisors need to
recognize when they have a potential disability or request for
accommodation so they can pass it on to HR or Legal. Train
your supervisors not to ask questions about the medical
condition or disability.
4. If You Get a Request Take It Seriously. Meet with the
employee to discuss his limitations and what can be done to
accommodate. Ask the employee for ideas about what you
can do. You can also suggest solutions. Document this
meeting!
40. 40
Best Practices
5. Continue the Dialogue as Needed. The meeting is not the
end of the interactive “process.” It is an ongoing process.
Even if you implement an accommodation, you should check
in with the employee periodically. Document your efforts!
6. Get More Information if Needed. During the process you
may decide that you need information from the employee’s
health care provider. If so, make sure you ask only the
necessary questions and get a release from the employee.
7. If you have a really tricky situation, talk to legal counsel.