›

Employee's rejection of ADA reasonable accomodation

bbuckwalterbbuckwalter 10 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
The ADA regs state that if the employer offers a reasonable accomodation, the employee may reject it, but then the employee is not considered a "qualified individual with a disability". My question is what happens if the employer is able to provide accommodation A, B, and C, but prefers A because it better suits the business, although none would be considered an undue hardship. Accommodation A is offered, and employee rejects. Is there any obligation on the employer to offer accommodation B and/or C, or is the selection of the reasonable accommodation solely within the employer's discretion? Thanks in advance.
Share on Facebook Share on Twitter

Comments

  • 2 Comments sorted by Votes Date Added
  • NaeNae55NaeNae55 3,243 Posts
    PMVote Up0Vote Down
    The law requires you to try to work with the employee to find an accomodation. It might not be their first choice, and it might not be your first choice, but as long as it is workable without being a hardship on either of you then you need to do it.

    What you really have to do in the 'interactive process' is determine if the employee's rejection is legitimate. If their rejection is reasonable, then try option B. If it is merely a case of wishing to work next to their friend (or some other unreasonable request) then you don't have to offer B. Just think about how it will look to jurers before you make your final decision. :)
    Share on Facebook Share on Twitter
  • bbuckwalterbbuckwalter 10 Posts
    PMVote Up0Vote Down
    Thanks. That is the approach I have been taking - trying to get an explanation for the rejection and seeing if a middle ground can be reached.
    Share on Facebook Share on Twitter
Sign In or Register to comment.