Employee Accommodation Options

Summary

Employers must provide reasonable accommodation under the ADA unless it causes undue hardship. This can include job restructuring or modified schedules. If accommodation is not feasible, termination may be an option, potentially qualifying the employee for unemployment. Reassigning to a lower-paying role is permissible but must not be discriminatory. Document financial and operational impacts to support undue hardship claims. Consider employee morale, potential litigation, and consult legal advisors. Relevant laws include ADA, Massachusetts General Laws Chapter 151B, FMLA, and Massachusetts Earned Sick Time Law. Seek low-cost legal aid or pro bono services for advice. Verify attorney credentials, including JD degree, state bar admission, and specialization in employment law.

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For her to be qualified for unemployment would I then need to terminate the employee in the event that the reasonable accomodation cannot be done?
In Massachusetts, if an employer cannot provide reasonable accommodation without undue hardship, termination may be an option. The employee may then potentially qualify for unemployment, provided they meet other eligibility requirements. Please consult with your legal advisor for specific advice.
Ok if I can restructure the company to accomodate her but the job she is doing is much less responsibility can I also reduce her pay rate. For example the subject employee is paid $* / hr however I could make her the recruiter who is paid $* / hr.
In Massachusetts, if you reassign an employee to a lower-paying role due to disability, you may adjust their pay accordingly. However, it's important to ensure any changes aren't discriminatory. Please consult with your legal advisor for specific advice.
If doing the restructuring is not the correct position for the subject employee and I don't feel we are putting her in a position to be successful then she will underperform and most likely be terminated. It is highly unlikely that type of move will be successful therefore I would deem this harmful to the company. Do I still have to make this move?
Under the ADA, if you believe a reasonable accommodation would cause undue hardship or be detrimental to your business, you are not required to make this move. You should consult your legal advisor before making a final decision.
What type of documentation would be needed to support undue hardship or detrimental to my business?
To establish undue hardship or detriment to your business, consider the following documentation:
- Detailed financial statements demonstrating the cost of accommodation.
- Evidence of the impact on operations.
- Records showing the need for the employee to perform essential job functions.
- Any past accommodation efforts and their outcomes.
Always consult a legal advisor for specific advice.
What other considerations do I need to consider in this matter?
In this situation, you may also consider:
- Whether the restructuring could affect other employees' morale or workload.
- The possibility of temporary or trial accommodations.
- The potential for litigation if the employee believes they've been discriminated against.
- Always consult your legal adviser for personalized advice.
Define once more all concepts to consider when claiming "Undue Hardship"
When claiming "Undue Hardship," consider:
- The nature and cost of the accommodation.
- The overall financial resources of the facility or business.
- The overall size of the business and the type of operations.
- The impact of the accommodation on the operation of the business.
Remember: Undue hardship means significant difficulty or expense.
If we determine that accomodations will result in undue hardship then are we required to hire exactly for the position the subject employee had?
If you determine that accommodations will result in undue hardship, you are not obligated under the ADA to maintain the employee's original position. However, you should consult with a legal advisor before making such decisions to ensure compliance with all relevant laws.
What are the relevant laws to consider?
Here are the relevant laws you should consider:
- Americans with Disabilities Act (ADA)
- Massachusetts General Laws Chapter 151B
- The Family and Medical Leave Act (FMLA)
- The Massachusetts Fair Employment Practices Act
- The Massachusetts Earned Sick Time Law
Please consult your legal advisor for more precise advice.
If we didn't move forward on the grounds of undue hardship then absorbed her position between other office staff and hired contract services for the admin functions that would need to be covered. What are the issues you see with this plan.
The potential issues include:
- The employee may claim discrimination under ADA or Massachusetts General Laws Chapter 151B.
- Morale and workload of the staff who absorb her duties.
- Costs and effectiveness of the contract services.
Please consult a legal advisor for specific advice.
Tell me a little more about this, The employee may claim discrimination under ADA or Massachusetts General Laws Chapter 151B.
If the employee feels she has been discriminated against due to her disability, she can file a claim under:
- ADA (Americans with Disabilities Act): This federal law prohibits discrimination against individuals with disabilities in all areas of public life, including jobs.
- Massachusetts General Laws Chapter 151B: This state law similarly prohibits discrimination in employment based on disability.
In both cases, the employer has a duty to provide reasonable accommodation unless it causes undue hardship. Failure to do so may be construed as discrimination. Legal counsel is recommended to navigate these issues.
Ok I understand. So if the original position requires * hours weekly but the employee can no longer work that schedule then I would be required to hire another person which would cause a financial hardship to my company.
Yes, if the restructured position no longer covers all the duties of the original job, you may need to hire additional staff which could cause financial hardship. The ADA does not require accommodation that would cause undue hardship. Consult with your legal advisor for specific advice.
I need to find a low cost legal solution for speaking with an attorney on this matter. We are not in good financial position at the moment and I do not want to spend a fortune on finding a good solution.
You could consider using legal aid services or a pro bono attorney. In Massachusetts, the Massachusetts Legal Assistance Corporation provides low-cost or free legal help. Also, the Boston Bar Association offers a Lawyer Referral Service. Always remember to verify any legal advice you receive.
where can I search for attorneys near me who specialize in cases like this
You can find attorneys specializing in employment law through the Massachusetts Bar Association's Lawyer Referral Service. They can connect you with an attorney near your location. Please verify their credentials and experience before proceeding.
What are the credentials I need for this type of situation
When seeking an attorney for employment law-related matters, look for the following credentials:
- Juris Doctor (JD) degree from an accredited law school.
- Admission to the Massachusetts State Bar.
- Specialization in employment law.
- Experience with ADA and Massachusetts General Laws Chapter 151B.
- Positive client testimonials or references.