temp to hire

rhammett

We usually put all new employees through the local temporary sevice. After completing 12 weeks through the temp service we normally hire or terminate the employee. This particular employee seemed to be working out, then it came to our attention that the employee suffered from serious back problems, lung damage and hearing loss. In our business it is an essential function of the job to be able to repetitively lift 30 - 50 lbs for a 10 hour shift and be able to work overtime when required up to 12 hour shifts. The employee is up for hire and now he states that he can't work the overtime because it affects his breathing and causes chronic back pain. He is not qualified to perform another job. There is no reasonable accommodation that can applied for this type of job. Are we required to offer him a position in light of the aforementioned facts?

Lisare

If the employee tells you upon reviewing the requirements of the position, that they cannot perform the position within any reasonable accommodation then you do not have to offer the job. If an accommodation were available without undue hardship to the company that you should examine that option.