FAQ Friday Category ADA

If an employee can no longer perform the essential functions of their current position because of a disability, and the requested accommodation poses an undue hardship on the employer, then the employer is not required to provide that requested accommodation.…

When an individual’s impairment is substantiated with sufficient medical documentation, and it has been determined that the impairment is an ADA disability, there will rarely be a valid reason to request that the employee recertify the existence of the disability…

An occupationally-injured worker covered under workers’ compensation may be protected by the ADA as well, but is not automatically protected. To be protected by the ADA, the worker must meet the ADA definition of disability. The ADA does not require…

If you already know the manager is agreeable to an employee’s ADA accommodation request, and the employee agrees to the suggested accommodation via email, is that considered sufficient for interactive process purposes? Or do we need a more formal process…

Employers often do not realize that multiple solutions may be required to fully meet an employee’s accommodation needs — even, or particularly, if the employee is unsure of what is needed. Often, an accommodation solution will require a combination of options…

Medical inquiries are limited under the law, and as long as the employer has enough information to substantiate the need for an accommodation, the employer cannot require a specific form or format be used to provide this information. It is…

Unreasonable is not a term used in the Americans with Disabilities Act (ADA), but undue hardship is. An undue hardship analysis is based on several factors, including: Your documentation should include all factors considered when making the undue hardship decision,…

As essential job functions change, it will be important to document new requirements, update job descriptions, and keep an open line of communication with employees. When possible, it’s always best to consider reasonable accommodations that would allow the employee to…

Requests from employees that claim that they are at a higher risk for catching COVID-19 can be treated like a normal accommodation request; namely, you should engage in the interactive process. However, due to the strain the pandemic has inflicted…

An employee with an allergy to a service animal may also need to be accommodated. As with any disability-related accommodation request, the employer should engage in the interactive process with the allergic employee and attempt to identify reasonable and effective…