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ARTICLE · 30 NOVEMBER 2010

Meeting Your Accommodation Requirements Under the ADA

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Not long ago, an employee who had been on medical leave for nearly six months reported that his restrictions were now "permanent."

United StatesEmployment and HR
Foley & Lardner
Foley & Lardner
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Labor and Employment Law Weekly Update (Week of November 29, 2010)

Not long ago, an employee who had been on medical leave for nearly six months reported that his restrictions were now "permanent." The company terminated the employee because, given the restrictions, he could not perform the essential functions of his job. The employee sued the company, claiming it had violated the ADA by failing to reasonably accommodate his condition. In the lawsuit, the employee's lawyer asked the company to answer the following question:

Please describe all efforts made to accommodate Plaintiff's medical condition before discharging him.

This question is asked in every ADA lawsuit, and the job of the HR manager is to make sure there is a lot to talk about when it is time to answer this question. By illustration, here are two possible answers:

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