The law requires that employer and employee engage in an interactive dialogue concerning accommodating a disability. This process includes these issues:
- The employee's limitations.
- The nature and requirements of the job.
- Identification of essential job functions versus marginal ones.
- Modification of the job to meet the employee's limitations.
- Distribution of certain duties to other employees or dispensing with them entirely.
- The employer's record of requiring jobholders to perform certain disputed duties.
- Possible undue hardship on the employer from granting certain accommodations.
- Provision of an alternative vacant position for which the employee is qualified.
The courts have been quick to recognize that much of the data is in the employee's hands when it comes to their disability and in the employer's hands when it comes to possible accommodations. Remember, the side that gives up on the accommodation dialogue first generally loses.
For accommodation support, go to the Job Accommodation Network website or contact the HR That Works Hotline.