Disability Accommodation
In addition to maintaining a workplace free of harassment and providing equal opportunity in the hiring process and during employment, federal and state employment discrimination laws place an additional obligation on employers in the context of the disabled: providing a reasonable accommodation.
If an employee requests accommodation, the employer must engage in good faith in an interactive process with the employee to determine whether a reasonable accommodation would allow the performance of the essential functions of the employee's position.
In making this determination, the employer should review the following:
- Whether the employee has an impairment which qualifies as a disability
- Whether the employee is otherwise qualified to perform the essential functions of the position
- Whether the employee can perform the essential functions of the position with the accommodation
- Whether the accommodation qualifies as an undue burden on the employer
Importantly, the law specifically defines when an impairment constitutes a disability, whether an employee is otherwise qualified, and what the essential functions of a position are. Further, conducting this review requires that the employer accurately identify not only the impairment and limitations but also the essential functions and corresponding qualifications of the position. It may even require having a healthcare professional on behalf of the employer communicate directly with the employee's treating physician.
If your business needs assistance in developing policies and procedures regarding disability accommodation or in conducting an accommodation review, call The Misra Legal Group.