ADA and employers with less than 15 employees

Is it best practice for a small employer (9 employees) to follow guidelines of the ADA although not required to do so? We have an employee stating she has a medical condition which will require time off work for treatments (some scheduled and some as needed). I would like to have a medical certification completed from her employer and base accommodations on the ADA guidelines but would that put my employer at risk by doing so?


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  • It depends. We try to follow guidelines, even when we don't have to, as it helps us follow the law generally, make sure we are fair, and is proof in case of a lawsuit that we work hard at following the law and being fair.

    That said, if you accomodate this employee you have set a precedent and will need to accomodate other employees in the future. You may want to do it for this employee because they are a geat employee, and not want to for another because they are generally a pain in the rear. If you do so for this employee though, you will need to do so for the next employee, pain or not, or set yourself up for a lawsuit. Bear in mind, however, that the term is '[I]reasonable[/I] accomodation' and you can also take that and the size of your company into consideration.

    Good luck!
  • Thanks, Nae. That is very helpful information!!