advice needed on ADA situation

Cindy S

One of our offices is changing from Microsoft Word Perfect to Word. An employee in this office has a syndrome that causes her to have seizures when she sees flashes of light. Prior to Word training we determined what the employee needed for her computer so this would not occur. We provided a screen covering and adjusted her computer. She succesfully completed Word training and has been using the offices new email (Outlook) for messages. She has not provided a physicians statement as we felt the accomodations were reasonable. On Friday of this week, the server with Word Perfect software will be removed and the office will only have access to Word. She refuses to make the change. She says we can just fire her...Please offer advice on how you would handle...thank you

stilldazed

Try to keep your head clear and not let the situation get any more complex than it has to be, and I'm not clear I understand exactly what the issue is.

ADA doesn't require you to keep workers who are not qualified for their jobs or for whom unreasonable accomodations would be required. All it does is require that certain situations be reviewed.

I guess my questions to you might be along the lines of:

1. Is a formal training class required or can she be allowed to learn OTJ?
2. Is there not a screen cover available for the class?
3. Do you have a different job to offer that doesn't require any use of a PC screen?


For her:
1. Does she have a suggestion other than staying with the current software?
2. Does she use a PC at home? If so, what does she do at home?

best wishes.

Cindy S

Thank you so much for your response.

In my haste to get the facts out, I was probably confusing.

Ee has attended the formal training and took the screen cover to class. It worked successfuly during the class. I have spoken with the instructor and there were no issues during training.

The computer used by the ee and others prior to the change are so old a mouse is not required for it's use.

The ee functions as a legal secretary. EE takes drafts from the attorney's the ee supports and puts them in the proper formating and finalizes the documents. The entire office uses the same formating to produce legal documents therefore, it is critical the ee be able to use the new software. At this time no other positions are avaialble for which the ee may transfer.

I thought we had made reasonable accomodations and that the ee would adjust to the new software since the training was successful. In my mind the ee must decide if ee wants their job?

stilldazed

I would agree. Sounds as if the software is nonnegotiable, so the choice for you would be whether there is a reasonable way to modify her job so she can use the software. If there is not one, then there is not one. If there is a way but it is not reasonable, there is not one. Just document your records well that the issue was addressed and no viable alternatives were identified in case she must leave the company.

best wishes.

Irie

I don't see the relationship between siezures when she sees lights and using another software program. The ADA accommodation is for the lights/siezures not for using another word processing program.

If she is requesting accommodation for the new software then let her doctor complete the paperwork for that condition and go from there. I don't see how changing to another software program is affecting a major life activity.

NeedCoffee

I agree with Irie - the software program is not the issue, the light is. Refusing to use new software is refusing to do the essential functions of her job.