Reasonable Accommodation - Scooter

Jackie

I have a mfg. supervisor who has worked for us for 31 years & has a wealth of knowledge/skill in most production areas. He has multiple medical problems with his feet, has had surgery that didn't resolve the problem, and is facing being off work on a permanent basis because there is so much walking involved in his job. We have tried centralizing some of his work to reduce the amount of walking involved, but it hasn't worked out.

Because of the company's current financial situation, it is unlikely we would replace this supervisor even though it would put a strain on the other two supervisors. Also, my Gen. Mgr. balks at any unnecessary purchases, even for ADA accommodations. I have looked into the cost of a scooter he could use to cover the distance between his different dept. areas ($2000-$3000).

If we made this purchase for the supervisor (or paid what ins. co. doesn't), could we still use the "case-by-case" reasoning to differentiate between this Supervisor and a future situation with a Production worker (we have one who uses a cane right now)?

PS - I just finished reading through the accommodation section of the HR Executive Report "ADA from A - Z". I have found these very helpful in many situations!

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 07-16-02 AT 06:32PM (CST)[/font][p]I will assume all the ADA hurdles have been jumped and the question is simply the one you identified.

My response is "yes" because ADA requires individual assessments and one person's effective reasonable accommodation may not be another person's.

Remember, reasonable accommodations, don't have to be the best, nor the most expensive, nor even the one the employee wants. Reasonable accommodations under ADA only have to be effective (if it isn't then either you need to find one that is or may be the employee isn't qualified ADA-disabled since he or she may not be able to do the essential duties of the job with accomodation). In many cases ADA becomes trial and error in the search to find effective accommodations, if they're "out there."

Of course, the more situations are alike, the more you would be compelled to use the same or similar accommodations (if for nothing else than it has been successful already) until established that the effective accommodation in the first case isn't working in the second case. But there is nothing in ADA that says you must take that approach. If you don't just be prepared to explain it.
What you want to do is to avoid looking like you're making "judgements" on the validity of anyone's disability when you start using different accommodations for similar disabilities (assuming similar job need) without at least trying out the first one. You want to point to objective criteria that lead the company to look at something else for the second employee.

I'm assuming you've taken a look at other options for reasonable accommodation befoe concluding that a $2,000 to $3,000 scooter is needed to help the supervisor get around to perform his essential job duties. Without knowing the financial condition and size of your company and the duties involved and what other options are available, it's hard to say whether or not you could argue (for the GM's position) that expenditure of $2000 to $3000 is an undue hardship that ADA allows as a basis for not implementing what would be an effective reasonable accommodation if there are no others.

NJODM

We have had simular situation here. What does the employee use now to get around when not working. Since the scooter or wheelchair is an extention of the person, this is truly a personal item. Now comes if you as the employer purchases this equipment, who maintains the scooter who is resposible for charging it and also can the employee use it outside of work. Does this scooter stay sole use for this employee. As a private employer if you do purchase this equipment you would be eligable for tax credits.

If the employee has upper body strenght how about a light wheelchair.