Reasonable Accomodation

System

A unit within a department has been eliminated and the employees within that unit are being offered a chance for a position of a newly developed unit. To qualify for these positions they must complete a weeks training course and pass a written test.

One of the employees has a learning disability,has trouble reading and is slow. We are offering to provide her with oral testing but I don't think she will pass this either. This position requires direct care with patients and requires the ability to complete related job training and pass demonstrated/written competencies.

If this individual does not pass either testing what are our obligations?

Any help is appreciated.

System

The big question is whether she's disabled under the ADA or other state or federal law that applies to your organization. If she's not disabled, you don't have a legal obligation to help her.

IF she's disabled, you seem to be on the right track, offering an oral test. You might have to give her more help, like extra coaching. But the bottom line is: Can she do her job's essential duties, with reasonable help if needed? If not, she's not qualified for the job and the ADA doesn't protect her.

Good luck.

James Sokolowski
Senior Editor
M. Lee Smith Publishers