Overview
Federal enforcement actions show employers can face claims for failing to accommodate employees with a wide range of medical conditions, from changes in medication to chronic illnesses and injuries.
This article explains the practical implications for employers and how proper handling can reduce legal and financial risk while maintaining workforce performance.
Key takeaways
- Document performance issues and interactive accommodation efforts clearly and promptly.
- Reasonable accommodations are often required unless they cause undue hardship.
- Employer assumptions about an employee’s limitations can lead to liability even when performance concerns exist.
How it works
When an employer learns an employee has a disability or a medical condition, federal law generally requires engaging in an interactive process to determine reasonable accommodations.
That process typically includes assessing job duties, considering adjustments, and documenting offers or denials with an explanation of undue hardship if applicable.
Termination without first exploring accommodations can trigger investigations or lawsuits brought by enforcement agencies or the employee.
What it may cover (and what it may not)
Employment practices liability and risk-management programs often address claims arising from discrimination, wrongful termination, and failure to accommodate disabilities.
Insurance policies and loss-control resources vary; some provide defense costs and settlement coverage for discrimination claims, while others do not cover intentional acts or certain statutory penalties.
Employers in specialized fields may find industry-specific guidance helpful; for example, organizations can review options tailored to public entities and first responders through resources like NLRB v. White Oak Manor and ADA Violations.
Common mistakes to avoid
Assuming poor performance equals lack of disability and terminating without engaging the employee is a frequent error that leads to claims.
Failing to document conversations, accommodation requests, medical information received, and the reasons for decisions undermines an employer’s position in a dispute.
Overly rigid job-posting or transfer policies that ignore suitable alternative positions can produce avoidable violations.
Questions to ask an agent
Does our Employment Practices Liability Insurance (EPLI) cover disability discrimination claims and related legal defense costs?
What loss-control services, such as training or policy reviews, are included to help prevent accommodation-related claims?
Are there industry-specific endorsements or programs relevant to our operation, such as those for public safety or municipal employers found in resources like Law Enforcement Agencies Insurance?
Next steps
Update written policies to describe the accommodation request and interactive process and train managers on documenting performance issues and medical notices.
Review current insurance coverages and speak with your broker or carrier about EPLI limits, defense coverage, and available risk-management services.
If you need direct help reviewing coverage or filing a request, ask an agent to walk through your policy and risk controls.
Frequently Asked Questions
What counts as a reasonable accommodation?
A reasonable accommodation is a change to the work environment or job that allows an employee with a disability to perform essential duties without causing undue hardship to the employer.
Can employers require medical documentation?
Yes, employers may request medical information to verify a disability or need for accommodation, but requests must be job-related and consistent with applicable privacy rules.
How should performance problems be handled when disability is involved?
Continue to document performance issues and simultaneously explore accommodations through an interactive process rather than relying on assumptions.
Will insurance pay for a discrimination defense?
Some EPLI policies cover defense and settlements for discrimination claims; coverage depends on policy terms and any exclusions.