WORKPLACE ACCOMMODATIONS
Under the
Americans with Disabilities Act and other state and federal laws
& regulations, an employer is obligated to make a "reasonable
accommodation" to any employee who has difficulty in performing
their job function, in the work environment and with the tools
and materials made available by the employer. It is not unusual
for employer and employee to disagree about what constitutes a
"reasonable accommodation" in a given situation. Even if an
employer feels justified in saying “no” to an employee request,
and feels confident in being able to prevail if the employee
files a discrimination complaint, the employer could still pay a
price in two ways:
-
The
out-of-pocket costs, time, and energy involved in defending
against the discrimination complaint, and
-
Loss of
employee morale and productivity for this and possibly other
employees.
Collaborative mediation can
offer a more cost-effective solution to the problem. It will
often generate creative alternatives previously not considered
by either the employee or the employer, at a cost that is
acceptable to the employer and which satisfies the concerns of
the employee. Such a solution can end up being a public work
relations "win" for the employer in the eyes of employees.
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