The Americans with Disabilities Act requires employers to engage in an “interactive process” to find reasonable accommodations for disabled employees. The law’s not specific about how to do so, but missteps can lead to costly lawsuits.
Here’s a case where an employee sued because she thought her company took too long to accommodate her — even though she got everything she asked for in the end.
The woman was diagnosed with a rare blood disease and could no longer perform all the duties of her job. Specifically, her doctor said she needed to avoid highly stressful activities.
She told her boss what she could and couldn’t do, and the employer temporarily placed her in a different position, keeping her salary the same.
Due to staffing concerns, the transfer couldn’t be permanent, so the company tried to rearrange her old job to accommodate her. As requested, some of her duties were removed, and restrictions were placed on when her shifts could be scheduled.
But she sued the company anyway. Why? She claimed it took the company too long to figure out an accommodation.
The court didn’t buy it. The law gives no time limit for getting through the interactive process, and in the end, the woman got what she wanted. Also, she didn’t lose any money while she was waiting because she was paid her usual salary throughout.
If she had been put in a lower-paying job, she may have been able to argue that the company’s delay was detrimental to her.
Cite: Wilson v. County of Orange
Disabled employee sues after getting accommodation she wanted
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