Employer Mistakes Regarding Accommodations in the Workplace

The employer must understand that reasonable accommodations are obligatory if the person qualifies as a disabled employee, and then he or she must receive equipment, tools or processes based on the disability to perform job tasks. The mistakes that the employer may make could cause violations to the Americans with Disabilities Act.

One of the more common mistakes that an employer normally makes when facing a disabled employee is that a request for some form of accommodation occurs. This often happens when the worker does not make a formal request. The person may suffer from a medical condition that holds him or her to a wheelchair or another condition that affects his or her senses. A reasonable accommodations policy may require a formal request or a written document that the employer may see and understand fully. Often without this, the owner of the company or a supervisor may initially violate the obligatory requirement to provide a reasonable accommodation until he or she communicates better with the disabled worker.

The Mistake of Permitting a Supervisor to Evaluate the Request

Some employers are unaware that the Human Resources department or the employer himself or herself must evaluate the reasonable accommodation that the qualified disabled employee requests. A frontline supervisor or manager should not become involved in these processes without the employer or HR department. The request needs special handling from a trained professional that understands the request or how to proceed with the information given by the employee. Otherwise, the company may face legal compliance violations for this action. Facing a lawyer that explains how the company failed to ensure any reasonable accommodation could affect the company through fines, compensation to the disabled employee or other legal action.

The Delayed Response for Accommodations

While there is no set time limit to provide reasonable accommodations, delaying these could lead to a claim against the employer to provide the accommodations or a failure that constitutes a violation. It is important to process the request as soon as the employer receives it. The disabled employee may not have any ability to continue working property without the accommodation even if it is only a change to the internal processes of the company in the employee’s department. Some modifications may only take a single day to implement for the individual. Others requires the employer to start the process days or weeks in advance.

Nonobvious Accommodations

Some communication is necessary when the disabled employee requests an accommodation that is not obvious. If he or she appears to have no disability but requests accommodation that the employer is unaware of, he or she may need to enter into a collaborative meeting with the goal of evaluating exactly what the employee needs. It is crucial for the employer to attempt to provide the accommodation when it is reasonable even if it takes more effort to discover how to help the worker through the process. Some individuals are unable to fully explain what they need and may communicate through other means.

Failure to Consider

The employer may not consider a novel accommodation that the disabled employee requests due to various reasons. If the accommodation is not one the employer understands, or the company has never used before, it could fail to pass through. However, the employer has an obligation to investigate and check each possible accommodation that is available or could become part of the company. Another mistake is that the ADA and FMLA regulations may become part of the same issue depending on the health condition of the employee. A failure to recognize the difference and how they relate could lead to a violation.

Documentation in the Process

If the employer does deny the request, he or she could still violate the ADA requirements by a lack of documentation or appropriate paperwork. If the employer just denies the request but does not state a reason on the form, he or she may face litigation. The company has an obligation to ensure that some reasonable accommodation is present for the disabled worker. Without seeking a resolution to the matter, the employer may violate these regulations and face paying damages to the person.