Can an employer take away a reasonable job accommodation?

Can an employer take away a reasonable job accommodation?

Title I of the Americans with Disabilities Act (“ADA”) requires an employer to provide a reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause the employer an undue hardship.

When to ask for an accommodation at work?

Your employer must provide a reasonable accommodation unless doing so would create undue hardship (significant difficulty or expense, taking into account your employer’s size and resources). If you need a reasonable accommodation, you must ask for one.

When to put accommodation in place to protect an employee?

While the reasonable accommodation analysis is being conducted, the requested accommodation should be temporarily put in place to protect the employee. Communicate to the employee in writing that the accommodation is being temporarily implemented while the accommodation analysis is being conducted.

Do you have the right to reasonable accommodations?

(For more information, see the Equal Employment Opportunity Commission’s guidance on depression, PTSD, and other mental health conditions .) Employees with disabilities have the right to reasonable accommodations: changes to the workplace, job, or employment policies that will allow them to do their work.

When to request reasonable accommodation from an employer?

The employer may request information about the individual’s medical condition (including reasonable documentation) if it is unclear whether it is a “disability” as defined by the ADA. The employer and employee may wish to discuss other types of accommodations that would allow the person to remain full-time in the workplace.

Can a employer make an accommodation to work at home?

May an employer make accommodations that enable an employee to work full-time in the workplace rather than granting a request to work at home? Yes, the employer may select any effective accommodation, even if it is not the one preferred by the employee.

Can a company make a reasonable accommodation for telework?

Yes. Changing the location where work is performed may fall under the ADA’s reasonable accommodation requirement of modifying workplace policies, even if the employer does not allow other employees to telework.

What should employers do to accommodate at-risk workers?

Employers are encouraged to first work with the employee on creating reasonable accommodations within the workplace; however, if that is not possible, the employer should consider other accommodations such as telework, leave or reassignment.