What is “reasonable accommodation”?
Employers must offer “reasonable accommodation” to individuals known to have physical or mental limitations and who are qualified individuals with a disability unless the employer can show that the accommodation presents an undue hardship. The disabled employee must request the accommodation “in plain English” and does not need to use certain legal buzz words. The request need not be in writing.
Reasonable accommodations are determined on a case by case basis. Likewise, what constitutes a reasonable accommodation may be difficult to determine. Accordingly, an employer may seek input from a third party professional like a psychiatric rehabilitation counselor in the case of a psychiatric disability. An example of a reasonable accommodation for some individuals with a psychiatric disability would be to install room dividers or other soundproofing like allowing the employee to wear headphones to aid in concentration.
A good source for free advice for employers that are contemplating instituting a reasonable accommodation is the Job Accommodation Network (http://www.jan.wvu.edu/).
Call Garg and Associates today at 281-362-2865 or complete our Contact Form and let us assist you with your employment law needs.
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