ADA & Disabilities, Job Descriptions, Leave Policy/Compliance

Want to Defeat ADA Claims? Draft Better Job Descriptions, Experts Say

By Kate McGovern Tornone, BLR Editor

Current and accurate job descriptions are your best defense to Americans with Disabilities Act (ADA) claims, speakers told attendees at the Society for Human Resource Management’s (SHRM’s) annual conference.

Shayna Helene Balch and Pavneet Singh Uppal of Fisher & Phillips discussed several aspects of ADA compliance during their presentation, The Employee Accommodation Conundrum: How to Navigate It and Determine When Enough Is Enough, given June 20 at the SHRM event in Washington, D.C.

When it comes to actually making an accommodation, remember that you do not have to give employees exactly what they ask for, Uppal said. Any effective accommodation will satisfy your requirements under the ADA.

When it comes to leave, ask doctors to be specific. If an employee has already been out for 12 weeks and provides a doctor’s note stating that he needs another month, ask the doctor whether that additional month of recuperation is expected to enable the employee to return to work.

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