Co-written by Cherie L. Maxwell
Almost nine years after its enactment, compliance with the Americans with Disabilities Act (the "ADA") remains an ongoing concern for employers. To address issues confronting employers, the Equal Employment Opportunity Commission ("EEOC") recently issued an extensive "Enforcement Guidance," which explains when and under what circumstances employers must reasonably accommodate an employee's disability.
Although noting that an employer may provide more than what the law requires, the Guidance examines what "reasonable accommodation" means and who is entitled to receive it. The Guidance also addresses requests for accommodation, an employer's ability to ask questions and seek documentation in response to a request for accommodation, the types of reasonable accommodation which are appropriate in the hiring process and to the performance of a particular job, and the relationship between the ADA and the federal Family and Medical Leave Act. Finally, the
