Advice to employers to waive off liability of reasonable accommodation? What age are we in, the Stone Age?

Unfortunately, we see bad practices int he USA too. This article gives tips to employers on how to waive off liability for reasonable accommodation under the ADA, while keeping their job requirements.

Sadly, the court also sided with the employer in that case.

The brief summary is here:

A jury sided with the hospital, saying finding that Selena was not a qualified individual with a disability under the ADA because she could not perform the essential functions of the job with or without a reasonable accommodation.

Selena appealed, arguing that the hospital had modified her job description and scheduled her for light-duty work. Now it should be forced to stick with that.

Not so, said the appeals court, upholding the jury verdict. The court said that, contrary to Selena’s argument, “the mere fact that an employer voluntarily accommodates an employee’s disability by temporarily eliminating an essential function does not mean that the employer has irrevocably waived the essential function of the job.”

Our goal is to talk about these issues and not to let them go into practice. With these “useful tips”, we could easily fall back into an era where reasonable accommodation is just a phrase without any substantial role. And that is something we definitely do not want!

February 9, 2014

Ábel Gergő Kaszián, dr.



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