ADA Accommodations

SLPaulson

I have an EE who stated his knees hurt. We sent him to our physician as a potential WC. The physician referred him to his private physician for treatment for arthritus in his knees. We asked him to provide documentation from his physician of his limitations. EE is a Janitor and is required to perform janitorial duties, sweeping, cleaning bathrooms, cafeteria, etc. and is on his feet all day long. In the winter the building is very cold and in the summer very hot. Our facility is large (217,000 sq ft) and he performs these duties along with two other janitors. He has not gone to his physician, however, at the end of his review his parting statement was you haven't done anything about my complaint regarding my knees. All positions out in the shop require standing 8 hours a day - there isn't a position where he could sit, so moving him to another position is not reasonable. If he does go to his physician and comes back with limitations what are the requirements under ADA? Do we always have to provide some kind of "accommodations?"

atrimble

I'll start the ball rolling: arthritis may or may not be a disabling condition. I'm assuming your w/c doctor sent your employee to his personal physician because the w/c doctor could not make the link between the employee's condition and the work environment, i.e., this isn't a work comp case. So, unless your employee's personal physician can certify that the problem with his knees permanently limits his ability to perform a major life function (like driving, bathing, working, cleaning, etc.), then I'd say you don't have a true disability on your hands, either, and no permanent accommodation is required. However, the employee's physician may certify that the condition or treatment thereof is serious enough condition that related absences should be protected by FMLA (for example, intermittent leave for tri-weekly physical therapy, or standard leave for joint replacement surgery & recovery). If the employee misses work and claims that it's because of his knees, initiate that FMLA process - in my experience, arthritic knees don't get better on their own.