April 2009, Work Truck - Feature

How to Comply with 'Reasonable Accommodations' Mandates

The Americans with Disabilities Act (ADA) requires employers accommodate an employee's disability or religion. Strategies and procedures can be developed to guide managers in complying with the regulations without creating "undue hardship" to the company.

By Richard D. Alaniz

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Practical Tips: Begin with Planning Ahead

Striking the right balance between granting a reasonable accommodation and avoiding an undue hardship is often tricky. The first step is to plan ahead. Assign a single, trusted manager to handle all requests for reasonable accommodations. Take the time to ensure the manager is educated about the legal issues involved and knows who to contact when he or she doesn't know the answer to a question. 

It's also a good idea to have specific procedures in place, including for the requesting employee. Require all requests for reasonable accommodations be made in writing. Require employees to identify either the disability or religious observance that affects their work performance and the type of reasonable accommodation for which they are asking. The employee is responsible for seeking reasonable accommodation.

After reviewing the employee's request, and perhaps consulting with your employment attorney, give the employee your determination in writing. If the request is denied, include an explanation justifying the decision. Document every step of the process. This documentation will prove invaluable if you are later called upon to defend the decision in court. 

Reasonable accommodations in qualifying circumstances are not easy issues for managers, but it is the law of the land. Employers should develop strategies and procedures to guide their managers in how to handle these issues. Otherwise they risk more costly lawsuits. WT 

About the Author

Richard D. Alaniz is senior partner at Alaniz and Schraeder, a national labor and employment firm based in Houston. He can be reached at ralaniz@alaniz-schraeder.com.

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