ADA accommodation
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This week's HRhero.com poll question (on home page):
Have you ever made an ADA accommodation for an employee?
If so, what was your experience? Did the employee request the accommodation, or did you offer the accommodation? Did it work out well for your company and the employee?
Have you ever made an ADA accommodation for an employee?
If so, what was your experience? Did the employee request the accommodation, or did you offer the accommodation? Did it work out well for your company and the employee?
Comments
I have read recently of a court definition stating that the employee's requested accommodation must be given primary consideration.
I would like to know to what extent the court would agree that an accomodation would create an undue hardship on an employer. My company has been trying to trim labor costs yet we have an employee for whom we created a temporary light duty position some time ago. The previous HR Manager did not specify with the employee the length of time this light duty position would be available to the employee. The employee recently had a functional capacity exam, which states the employee cannot perform the essential functions of the position for which he was hired with or without accomodation. Would the court frown on this employee's termination should the employee file an ADA action?