Figuring out your obligations when an employee asks for an accommodation under the Americans with Disabilities Act can sometimes be complex-and risky. There are no black-and-white rules describing exactly what you’re required to do, especially when the accommodation might involve modifying job duties or adjusting work schedules. But a new court ruling helps set some limits on how far you must go when a disabled employee is having trouble meeting the demands of the job. We’ll offer some practical suggestions about how to respond to accommodation requests.
Employee Asks To Come In Late
David Hypes worked as a loan analyst for First Commerce Corporation. He was frequently late for work and had a poor attendance record. After he was diagnosed with a lung disease, Hypes took a short-term disability leave for treatment. His doctor then released him to return to work with no restrictions.
Hypes asked his employer to allow him to come to work later in the mornings, saying his illness made it difficult to report on time. But because Hypes was unable to produce any medical documentation to support the requested accommodation, First Commerce refused. Hypes continued to miss work and was frequently late when he did show up. He was finally terminated for excessive absenteeism.Hypes sued. He argued that he was entitled to work a flexible schedule as an ADA accommodation and that the company illegally fired him because of his disability.
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Court Says Flex-Time Not Required
But a federal appeals court ruled in favor of First Commerce. The court said Hypes was not entitled to flex-time because regular attendance at work was an ‘essential function’ of his job. This was because he was required to work as part of a team and review confidential loan documents that could not be taken from the office. Plus, the flex-time accommodation Hypes requested was unlikely to allow him to perform his essential job functions. Given his previous attendance record, the court concluded he would have continued to be absent and tardy even if the accommodation had been granted.
No Clear-Cut Rules
As flexible schedules and telecommuting become increasingly common, employers are seeing more requests for these types of scheduling accommodations. And even though the employer won this case, courts and juries have come down on different sides of the issue when the facts have been slightly different. For example, an employer was hit with a $90,000 jury verdict last year for refusing to let a worker with chronic back and neck pain work from home.
How To Analyze Requests
The key to successfully dealing with these accommodation requests is to have a framework in place to address accommodation issues and to establish in advance each job’s exact requirements. Some suggestions:
- Determine whether the employee is disabled. Make sure the employee is actually entitled to ADA protection because not all medical conditions are considered disabling for purposes of the law. For example, temporary conditions and those that do not impact a major life activity are not disabilities under the ADA. But if it’s a close call, the best approach is to give the employee the benefit of the doubt and look for a satisfactory accommodation.
- Assess the job requirements. Whether someone is entitled to a flexible schedule or another accommodation like telecommuting depends on the job. For example, someone whose position requires a lot of teamwork or supervision is not a good candidate for working at home. Yet, a person who mostly works alone using the telephone or a computer might function adequately away from the office. To evaluate these issues, it’s crucial that you have a written job description addressing whether and why the work needs to be performed on site and what work hours are required.
- Look at other possibilities. Even if an employee is disabled, you’re not required to grant the person’s first-choice for an accommodation. If you have legitimate reasons for rejecting a flex-time schedule, consider whether an alternative accommodation would meet the individual’s needs. If no reasonable accommodation will allow the person to perform the essential job functions, you are within your rights to terminate the employee.