Reasonable Accommodation In An ADA Claim

In this article, you can discover:

• How the ADA defines ‘reasonable accommodation’ and its significance in the discrimination claim process.
• The importance of the interactive process between an employer and employee when discussing accommodations.
• The typical duration for a discrimination claim to be resolved and the steps involved.

What Is A ‘Reasonable Accommodation’ As Defined By The ADA, And Why Is It Important?

Answer: Under the ADA, ‘reasonable accommodation’ largely hinges on whether both parties – the employer and the employee – engage in the interactive process. It’s not just about the accommodation itself but also about the dialogue surrounding it. Employers cannot simply reject a requested accommodation without valid justification. If an accommodation would severely impact a business, like paying a full salary for one hour of work daily, an employer could argue against it. However, the key lies in both parties participating actively in the interactive process. For instance, if an employee’s doctor provides a disability certificate suggesting specific accommodations, the employer might seek a second medical opinion. If both opinions align and the employer still denies the accommodation, then they may not have fully engaged in the interactive process.

How Does One Ensure Both Parties Engage In The Interactive Process?

Answer: The interactive process is essentially a two-way dialogue. When an employee provides evidence of a disability and requests accommodation, the employer can ask for a second medical opinion. If the employee declines, they may be seen as not engaging in the process. Conversely, if two medical opinions align and the employer denies the request without a valid business reason, then they haven’t fully participated. The goal is to collaboratively find a middle ground that caters to the employee’s needs without jeopardizing the company’s operations.

How Long Does A Discrimination Claim Typically Take To Resolve?

Resolving a discrimination claim can be a lengthy process. Assuming immediate action, you have either 180 or 300 days to file the claim, depending on the situation. Even in a best-case scenario, the claim first needs to stay with the Equal Employment Opportunity Commission (EEOC) for six months. Following that, the litigation process begins, involving extensive discovery, potential witnesses, and other proceedings. In areas like Maryland and DC, the court might take a year to rule on certain motions. Realistically, claims can take anywhere from 18 to 24 months, or even longer, to conclude. However, with swift and efficient actions from the start, a more optimistic timeline is six months to a year.

It’s crucial to understand that patience, due diligence, and open communication can significantly influence the outcome of a discrimination claim. If you find yourself in such a situation, knowledgeable legal counsel can provide the guidance you need.

For more information on Reasonable Accommodation In An ADA Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (301) 755-5656 today.