Laws and regulations under the Americans with Disabilities Act can be confusing. When dealing with disabled employees, bear these points in mind:
- The worker must have a legitimate disability. Don´t just rely on the employee´s word. Obtain medical certification as proof. Make sure the doctor defines the term "disability" pursuant to the ADA standard.
- If an employee has a disability, a reasonable accommodation dialogue must begin. All we can say is don´t give up on the conversation easily. Courts punish employers who do.
- Accommodation can include reduced hours and duties, a job transfer, or simply time off. An employee´s recommendation, so long as it´s "reasonable," carries great weight.
- Even with an accommodation, the employee must still be able to perform the "essential functions" of the job. Attorneys look to job descriptions and actual duties to help define these functions.
- You still need to be able to run your business. Although most ADA accommodations cost less than $500, depending on your size and income, even a minor accommodation can constitute an undue hardship. This is a balancing act, at best.
- Always take the "high road" when facing potential ADA claims. Think how you can turn a problem into an opportunity.
Here are a few excellent online resources at
http://www.dol.gov, and
http://janweb.icdi.wvu.edu.
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