08/02/2015 // Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse // (press release)
The Americans with Disabilities Act requires an employer to offer an employee with a disability a “reasonable accommodation.” An employer identifies an appropriate reasonable accommodation by engaging in the “interactive process.” Dallas employment law attorney Keith Clouse explains.
Once an employee asks that his employer accommodate his disability, the employer must determine what accommodation the employee seeks and whether the employer can offer the accommodation without undue hardship. An employer should ask, “What can we do to accommodate you so that you can perform the essential functions of your job?”
Some requests are simple and easy to implement. For example, an employee with diabetes may wish to shorten his lunch break so that he can take a quick snack break in the morning or an employee with a joint condition may ask for an ergonomic keyboard. Some requests are unreasonable. For example, a support staff member may ask to work from home or an employee may ask to be excused from certain performance standards. When an employer is faced with an unreasonable request, the employer should not immediately cut off communications. Instead, it should explain why the proposed accommodation is not reasonable and then offer and ask for alternative suggestions.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment law attorney about disability discrimination, send an email to [email protected] or call (214) 239-2705.
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