Under the Americans with Disabilities Act, an employer has an obligation to engage in an interactive dialogue with an applicant or employee who may be requesting an accommodation which will enable him/her to do the essential functions of the job. It is up to the employer to discuss and ascertain with the employee whether the employee’s request for an accommodation can be reasonably granted. If the request would impose an undue burden on the employer, then it is not considered reasonable. In the case of a medical condition, the employer is permitted to request medical information that bears on the capability of the individual to perform the essential functions of the job. To learn more about how to legally obtain medical information, listen to this week’s Telebrief here. Finally, if an employer decides not to grant accommodation, the denial should be well documented. Employers will need thorough documentation of their conversations with individuals, should an applicant or employee file a disability charge against them in the future.
Also in this week’s Telebrief: Learn more about proposed legislation in the city council of New York that would require employers with more than 15 employees to conduct sexual harassment training for their employees.
Questions about reasonable accomodations or other topics from this week’s Telebrief?
About the Telebriefs®
The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful, on every call!
ABOUT THE PRESENTER
Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.
You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
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