ADA accommodations: When can you say no?
Position | In The News ... |
For nearly 30 years, the ADA has required employers to provide reasonable accommodations so disabled employees can perform the essential functions of their jobs. Deciding what is "reasonable" typically requires a back-and-forth with the worker to decide if the accommodation would cause an "undue burden" on the organization.
Providing the person with extra time off or telecommuting can sometimes be legitimate accommodations. But it's not reasonable to grant leave if it won't help the employee return to work on a regular basis, when his presence is essential.
Recent case: Travis, who held a state government policy job, began experiencing an onslaught of unpleasant gastrointestinal problems that persisted for almost a year. He missed substantial amounts of work while seeking treatment. Eventually, he was absent almost every day.
He took FMLA and short-term disability leave. And he made frequent accommodation requests, including asking to work from home. The state turned down the work-at-home...
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