Recent Case Forces Employers to Rethink How They Respond To Accommodation Requests Under The ADA!
- Topics:
- Disabilities
- Tags:
- Accommodation,
- Americans With Disabilities Act,
- Americans With Disabilities Act (ADA),
- Gender And Diversity,
- Human Resources
- Source:
- Reed Elsevier
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Overview: This article says that employer should provide the specific reasonable accommodation requested by a disabled employee unless the employee's suggested accommodation presents an undue hardship to the employer's operations. This ruling requires employers to rethink the way they address accommodation requests from employees who work in Pennsylvania, Delaware, and New Jersey. Under the Americans with Disabilities Act ("ADA"), an employer must provide a reasonable accommodation to an otherwise qualified employee with a disability in order to allow that employee to perform the essential functions of his or her position. Reasonable accommodation may include job restructuring, part-time or modified work schedules, reassignment to a vacant position, or modification of equipment or devices used on the job. Most courts that have considered the issue, however, have ruled that an employee may not reject a reasonable accommodation proposed by an employer that is effective in allowing the employee to perform the essential functions of his or her position. In other words, an employee could not strictly dictate the particular reasonable accommodation that the employer would make available to the employee.
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Format: HTML | Date: Aug 2003 | Pages: 1
