ADA Reasonable Accomodations Policy & Forms

LawGuy

Does your company have a written policy and/or written forms for dealing with ADA reasonable accommodation requests? If so, would you be willing to share a copy?

Don D

I've not ever known of such an animal. Simply because there are so many variables and diverse options among all the possibilities relating to the 'interactive process'. The process is required by law, and it's my thought that it's intended to be a non-standard, flexible way of addressing each case with back and forth dialog and assessment of circumstances. Maybe there's a form out there though.

pork1

LAWGUY: We simply require that the employee or applicant to put in his/her own words, what his disability is and what accomodation he/she might consider to be reasonable. By putting the request in written form it "locks the request" down and gives a starting point for consideration, research, and discussions. We ask for a signature and date to be fixed to the request and document. We have not done so, but we could ask for the disability to be certified by his treating physician. I have provided one applicant with a copy of the job description and asked that his physician certify his disability against the working environment. The physician talked the applicant out of the attempt to be employed in our environment.

Like Don, I have not seen a form for the request.

I only recommend you get it in writing, to include your decision making steps for the accomodation or denial of the request.

Another case the applicant had only a single digit of a finger on a right hand yet he wanted to "work in our world". He had completed an associate degree in electricity for industry, but we had no electrical positions open; he wanted to work for us anyway, we physically surveyed several positions and finally agreed that he would be able to safely become a "Wash Bay attendant". He was as strong as an ox in his good hand and arm. He was able to power wash and get started in the working world, he lasted for about 9 months and was a model employee, until he landed an electrical installer job. When that job dried up he came back and we were glad to have him. Since then, he has resigned and is getting his automotive mechanic's degree. He is determined to make it in this world of work inspite of his disadvantages. He is not disabled he is just built differently.

PORK

PORK

HRLASS

I agree with Don. We have been having learning in process for the last year with an unfortunate work accident and a good employee who really wants to come back to work, and we almost have him here. It is very case by case, but we learned that we had been putting too much onus on the employee and we have considerably increased our interactive communication. We have provided job descriptions to his physicians and therapists and recently had one therapist on hand to watch and evaluate his performance of a field test of a new position (after obtaining medical releases first for him to perform the test). We are looking at the possibility of bringing him back for an initial period and working with him to see if 1) he can actually perform the work independently, and 2) he needs any kind of reasonable accommodation that we can realistically provide. I can't imagine this kind of thing ever being in a form or policy, but the HR and legal depts are learning together on this one and establishing consistent procedures, which we consider our best legal protection for the future.