Editor’s note: The Back to Basics column serves as an accessible way to understand employment law. If you’re new to HR (or just need a little refresher), follow along as the HR Dive team speaks with legal experts, peruses federal guidance and lays out the basics. Feel free to send tips, questions and feedback to [email protected].
A construction worker has been diagnosed with a heart condition that will affect his ability to perform essential job functions. After receiving the news from his doctor, he goes to speak with his manager to discuss an accommodation that may be necessary for him to continue working.
This is a situation tailor-made for the Americans with Disabilities Act, the federal law that requires covered employers to provide reasonable accommodations that allow otherwise qualified individuals to perform their job duties.
When presented with such a request, an employer may wish to inquire about the nature of an employee’s condition. However, the ADA places strict limits on disability-related inquiries and medical examinations and the degree to which employers are permitted to conduct such inquiries varies. HR Dive recently explored what the law allows employers to ask about during both the pre- and post-employment offer stages of the hiring process.
Accommodation requests from current employees present similar compliance considerations. At minimum, employers should engage in an individualized, interactive process with the employee, said Dov...
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