The duty to provide a reasonable accommodation to qualified individuals with disabilities is considered one of the most important statutory requirements of the Americans with Disabilities Act (ADA). Although the ADA and the duty to provide a “reasonable accommodation” can be a trap for the wary, it doesn’t have to be.
This book covers the finer points of the law and delve into:
- trends in current case law regarding reasonable accommodations
- an employer’s duty to engage in the interactive process
- current EEOC guidance on specific health conditions
- employer defenses of undue burden and direct threat
- your ethical responsibilities in various situations
Summary of Contents
ADA Update: Reasonable Accommodation in the Workplace
A. EEOC Statistics on Charges and Settlements
B. Reasonable Accommodation
- Engaging in the Interactive Process
A. Employee’s Duty to Request an Accommodation
B. Employer’s Duty to Engage in the Interactive Process When the Employee Requests an Accommodation
C. The Legality of “Full-Duty Recovery,” “100% Healed,” and “No Restrictions” Policies
D. Best Practices
- Definition of Reasonable Accommodation
- Common Reasonable Accommodation Situations
A. Regular Attendance as an Essential Function?
B. Leaves of Absence
C. Attendance and Leave Policies
D. Modification of Work Schedule
E. Job Restructuring
F. Reassignment
G. Telecommuting
H. Assistance Commuting to Work
I. Light-Duty Jobs
J. Fragrance-Free Workplace
K. Service Animals in the Workplace
- Accommodations Not Required for Non-Disabled Employees
A. No Accommodation Required for “Regarded AClaims
B. “Record of” Claims
C. Relationship to Others with a Disability
- Reasonable Accommodations for Drug Use & Alcoholism
- Use of Medical Marijuana
- EEOC Guidance on Cancer, Epilepsy, Diabetes and Intellectual Disabilities
- Obtaining Medical Information
- Questions from Other Employees Regarding “Special Treatment”
- Employer Defenses to Accommodation Claims
A. Undue Hardship
B. Direct Threat
C. Essential Functions
D. Statute of Limitations