Two ADA lawsuits filed by the EEOC over the past two weeks illustrate the risk that employers take when they fail to talk to employees about possible accommodations.
The EEOC brought suit against Kmart, claiming that the retailer refused to
consider alternate per-employment drug testing other than urinalysis for an
applicant with kidney issues. The EEOC also brought suit against an Arkansas car
dealer that declined a
salesperson the use of a golf cart following spinal surgery. In both instances, the EEOC’s press releases
make it clear that part of each employer’s violation was the employer’s failure
to “engage in any discussions … about the suggested accommodations.”
The ADA does not
guarantee an employee his or her preferred accommodation. It only guarantees a
reasonable accommodation. The statute does guarantee, however, that employers
engage disabled employees in an interactive process to determine the appropriate reasonable
accommodation (if any)….To Read More….
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