ADA Accommodations

njjel · February 2006

Had an applicant tell us today that they would require certain accommodations in order to do the job they were interviewing for. I was not at the interview. It is my understanding that under the ADA an er must "reasonable" accommodate a person's disability. This person however states that she needs the use of a typist for a minimum of 10 hours a week due to her carpal tunnel issue. Additionally she has stated she needs an ergonomic desk and chair as well as other items. We would like to hire her but I am wanting to know what is required of us and what is not. Can you help with what steps i should follow? may I ask her for a doctor's note etc.?

LindaS · February 2006

Your first step would be to begin the interactive process. If she states that she is in need of these things, I would get a slip from her treating physician verifying this. You would also need more information regarding her medical condition to determine whether or not she qualifies as disabled. Remember, simply having a medical condition does not automatically make them "disabled" under the federal ADA regulations. Once you have received the requisite information you would need to take a look at whether or not her requests are reasonable. What is the job for which they are applying? What are the essential functions? Then go from there. I think you are a ways from making any final determinations regarding hiring this person and before you make any final decisions, discuss this with an attorney.

Whirlwind · February 2006

First determine whether this is your top candidate notwithstanding the requested accommodation. If she's not, you don't have to worry about it.

If she is (or if everybody above her declines the job), then you have to determine if her medical condition is a disability under ADA and whether the requested accommodation is (1) supported by medical documentation and (2) reasonable. This is not a substitute for a full-blown interactive process and all that goes with it, but I will hazard a guess that having someone else do 25% of the job is not ordinarily reasonable, but the desk and chair probably are.

SMace · February 2006

Nothing to add other than great advice, Whirl

E Wart · February 2006

A couple of more thoughts. It has been a while since I have had the "accommodations" thrown at me, but can't the applicant provide their own "accommodations" if it is excessive?
Also, if it is someone typing that she needs and typing is a significant part of the work, I would say she couldn't do it, unless you are willing to restructure job or pay someone else to do her part of the job. Another thought is could you use the "verbal/speaking" program so that she wouldn't have to type? Also, I would think that some typing would be good exercise for someone with CP. (I would contact your local CP organization and talk with them about any assistance they can give or specialist you could talk with about other accommodations. I know GA Tech has a center that this is about all they do.) I would be a little more concerned about a new desk and chair? Why would a person with CP require this unless they were wheelchair bound and the hight wasn't right? Also, talk with a furniture line (Steelcase, Herman Miller, etc. They have folks on staff to help with this as well.)
I agree with others, you need to determine if she is the most qualified for the job. (If so, you could even ask her about what her other employers did to solve her situation.)
E Wart

pork1 · February 2006

NJJEL: I would continue to interview all candidates for the position. As stated previously, unless she is the top candidate or others above her decline the opportunity offered, you really do not not have to worry about ADA.

Carpal Tunnel is a temporary medical situation and most people with surgery are not permanently disabled. We have only lost one ee to carpal tunnel surgery, that person decided to do something differently and did not comeback. She tried to win a big dollar amount for her injury through the W/C hearing process. She was awarded exactly what the state had already determined that her injury was worth within the schedule of W/C disability for permanent disability. She ended up having to pay her attorney out of her pocket.

I have been told by the rumor mill that she has died with lung cancer.

PORK

njjel · February 2006

Found out that she also has C. P. So it isn't just carpal tunnel

jitrbug · February 2006

I'm with Whirl. Typically having somone else do 25% of job on a long term/permanent basis is not reasonable by itself....also not sure how big your company is but the cost of having a typist just for her could get expensive and therefore not be a resonable accommodation you can make. We had a similiar situation where an employee presented a doctor's note recommending that we take 25% of the work off of her desk. Legal told us this would not be considered reasonable under ADA so we did not. Ended up sometime later terming her for performance issues. She tried to file with EEOC for discrimination (since we did not accommodate her) but they ruled in our favor.

Whirlwind · February 2006

Someone with CP is much more likely be considered disabled under ADA than someone with carpal tunnel. Nevertheless, even with a legitimate, serious disability I doubt that the .25 typist would be reasonable if typing is an essential function of the job. If it's not, you might need to look at some creative restructuring of job assignments that would take typing out of that job.

LarryC · February 2006

I'm dense. What is CP?

durasupreme · February 2006

Methinks it is Cerebral Palsy.

Whirlwind · February 2006

Right.

ADA Accommodations

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