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ADA Blog

 

ADA Blog #147 (Part 2 of 2): Reasonable Accommodation

However, prior to 2012, #court #decisions were inconsistent.

* The #7th #Circuit ruled that an #employee with a #disability shouldn’t be given priority in hiring or reassignment over someone not #disabled, especially if a #nondisabled #employee was more qualified for a desired position.

* The #U.S. #Supreme #Court ruled that #employers didn’t have to overrule their strict adherence to #seniority policies to #accommodate an #employee with a #disability. However, “preferences will sometimes prove necessary to achieve the #ADA’s basic #equal #opportunity goal.” In this ruling, the organization’s #seniority policy was “allowed to stand” but a policy of putting a job up for grabs by the most-qualified employee if a less-qualified employee with a #disability could fill it was not legal.


The #ADA mandates that an #employer, as a #reasonable #accommodation, reassign employees with #disabilities to #vacant positions for which they are #qualified, provided that such #accommodations would be ordinarily #reasonable and would not present an #undue #hardship to that e#mployer. This is typically seen as a “last resort” option.

#Obeying the “Letter of the Law is a matter of physical action (e.g., removing #disability-related questions from the job #application #questionnaire. Embracing the “Spirit the Law” also involves an attitude of the mind (e.g., appreciating and valuing individual differences). Companies that foster a #culture of #diversity, or a capacity to appreciate and value individual #differences, in all aspects of their #operations, benefit from varied perspectives on how to confront business challenges and achieve success. And, in doing so, understand that “preferences will sometimes prove necessary to achieve the #ADA’s basic equal opportunity goal.

 

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.