Reasonable accommodation: scooter?
Paul in Cannon Beach
4,703 Posts
Would you consider a scooter a reasonable accommodation for an obese staff member whose job requires walking between two buildings 2-3 times a day?
Personal mobility scooters cost between $600 - 1800.
Personal mobility scooters cost between $600 - 1800.
Comments
MYTH: The ADA protects people who are overweight.
FACT: Just being overweight is not enough. Modifications in policies only must be made if they are reasonable and do not fundamentally alter the nature of the program or service provided. The Department has received only a handful of complaints about obesity.
Does this person really need to go to the other buildings? Not having to go might be a reasonable accomodation.
[url]http://www.laboremploymentlawblog.com/disability-court-of-appeal-employee-can-sue-for-disability-bias-despite-absence-of-medical-evidence-and-absence-of-any-explicit-request-for-an-accommodation.html[/url]
I've found some resources that would indicate that providing a scooter would be a reasonable accommodation. The low end scooters are just $700 but the heavy duty ones that could carry a passenger of 500 lbs are $3,000.
Good luck!
Nae
Obesity may be covered [B]if[/B] it is caused by a physiological problem. [URL]http://www.workerscompinsider.com/archives/000550.html[/URL]
Have you checked with your health insurance to see if a scooter might be covered under your policy; since this employee has trouble at work I am sure he has mobility issues at home as well. Just a thought. One of my tenants uses a scooter due to mobility issues from being overweight and insurance covered the cost.
Frank, I hadnt thought of contacting worker's comp. Can you elaborate? Are you thinking they might kick in towards a reasonable accommodation solution in order to prevent a future claim?
The old ADA says - An individual with a disability is a person who:
[LIST]
[*]Has a physical or mental impairment that substantially limits one or more major life activities;
[*]Has a record of such an impairment; or
[*]Is regarded as having such an impairment.
[/LIST]
It seems as though you're well down the path to regarding this individual as being disabled. However, the ADAAA has clarified this issue and states:
[LIST]
[*]... an applicant or employee is "regarded as" disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor;
[*]provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation.
[/LIST]
The ADAAA also states:
[LIST]
[*]... mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;
[*]... an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
[/LIST]
A qualified employee with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
[LIST]
[*]Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
[*]Job restructuring, modifying work schedules, reassignment to a vacant position;
[*]Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
[/LIST]
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
An employer is not required to provide personal use items such as glasses or hearing aids.
Questions:
Would a scooter be considered a personal use item?
Has the individual asked for an accommodation?
Does the job description for this position indicate that walking is an essential function or requirement?
Has the individual been able to walk as needed before but something has happened that makes him no longer able to walk as needed?
Have you discussed any of this with your legal counsel? If not, I think you should before any final decision is made.
This website has a lot of useful information about ADA: [url]http://www.eeoc.gov/ada/adahandbook.html[/url]
I hope this helps.
Sharon