We wrote: When good faith efforts during the interactive process fail to yield an effective accommodation for the employee’s current position, the ADA requires an employer to consider a possible accommodation that employers frequently overlook or don’t understand well: .This obligation arises when (1) no other reasonable accommodation will enable the employee to perform the essential functions of his current position without imposing an undue hardship on the employer (thus, the moniker “accommodation of last resort”); and (2) the disabled employee is qualified for the vacant position.In that blog post we explained the EEOC maintains that if a position is open and the disabled employee has the minimal qualifications, he/she gets the job – he/she does not have to compete or be the best qualified candidate for the position. Various district courts (the federal trial courts under the Circuit courts of appeals) in several states have tackled the issue with varying results.Things have advanced a bit since that post was written and it is time for an update. Matrix’s ADA Advantage accommodations management system and our dedicated ADA team help employers maneuver through the accommodation process.
Please be aware, however, that these postings do not constitute legal advice.
As always, you should consult your legal counsel for advice on the correct solution based on the facts of your specific issue or situation.
For more information on how to manage productivity in the face of this and other employee leave and accommodation issues, contact your Matrix Absence Management or Reliance Standard sales representative or account manager, or call 1-800-866-2301. Monday February 5 marks 25 years since the Family and Medical Leave Act was signed into law.
The hospital determined that use of the cane posed a risk as patients in the psychiatric ward might be able to use the cane as a weapon. [T]he ADA only requires an employer allow a disabled person to compete equally with the rest of the world for a vacant position . The Healthy Working Families Act (“HWFA”) has had a tortured legislative history.
Bryk was given 30 days to apply for other positions for which she was qualified. Joseph’s usual transfer rules required that an internal candidate could not apply for another position if the employee had not been in her current position for at least 6 months and had no final written warnings in her file. The bill passed in the Maryland legislative session early 2017 but then was vetoed by the Governor in May 2017.