Hey, Warriors and Bosses!
A recent ruling by the Sixth Circuit Court of Appeals has shed light on employer responsibilities under the Americans with Disabilities Act (ADA). The case involved University Hospitals Cleveland Medical Center and a physical therapist, Yazmin Torres-Duqum, who experienced mental health challenges following a miscarriage. Torres-Duqum requested a transfer to a different work location as a reasonable accommodation, which the hospital denied. The court found that the hospital erred by not properly considering her request, emphasizing the importance of evaluating accommodations beyond the ability to work.
Key Takeaways for Employers
Comprehensive Evaluation of Accommodation Requests
- When an employee requests an accommodation, it’s crucial to assess all aspects of their condition, not solely their capacity to perform job tasks.
- Consider how the work environment and interactions may impact the employee’s health and ability to function effectively.
Engage in the Interactive Process
- Employers should actively participate in discussions with employees to identify reasonable accommodations.
- This collaborative approach helps in finding solutions that address the employee’s needs while maintaining workplace productivity.
Avoid Blanket Policies
- Implementing general policies that deny certain accommodations, such as transfers, without individual assessment can lead to legal challenges.
- Each accommodation request should be evaluated on its own merits, considering the specific circumstances of the employee.
Documentation and Communication
- Maintain clear and thorough documentation of all accommodation requests and the steps taken in response.
- Ensure timely and transparent communication with employees regarding their requests and the rationale behind any decisions made.
Training and Awareness
- Provide training for supervisors and HR personnel on ADA requirements and the proper handling of accommodation requests.
- Foster a workplace culture that is sensitive to mental health issues and supportive of employees facing such challenges.
By adhering to these guidelines, employers can better navigate accommodation requests, support their employees effectively, and reduce the risk of legal complications.
Be Audit-Secure™!
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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Lisa Smith, SPHR, SHRM – SCP
Certified EEO Investigator (EEOC)
Lead Support and Content Chief – HelpDeskforHR.com
“You cannot be audit-proof, but you can Be Audit-Secure.”