by Kara E. Shea
Did you know the fastest rising category of claims filed with the Equal Employment Opportunity Commission (EEOC) is claims based on disability discrimination and/or failure to accommodate disabled employees? This isn’t surprising given that, under the expanded Americans with Disabilities Act (ADA), virtually any nonminor/nontransitory impairment may be considered a qualifying disability.
So the crucial question is, once you have determined that an employee or job applicant has a disability, to what lengths must you go to provide a reasonable accommodation? Do you have to provide the specific accommodation requested by the employee? What is an undue hardship? This month, we provide some pointers to help employers navigate the process of determining how or whether to provide an accommodation for an individual with a disability.