In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer's six-month delay during the ADA interactive process could...
Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer's six-month delay during the ADA interactive process could amount to a failure to accommodate—without the employee having to prove any other independent injury or harm. The decision makes clear the problem was not that the interactive process took six months per se, but that the six month delay could be evidence of bad faith. Thus, although employers do not have per se deadlines to resolve accommodation requests, employers should always act promptly during the interactive process and also consider potential interim accommodations.
The Americans with Disabilities Act ("ADA") requires employers to grant accommodations to qualified individuals with a disability, provided those accommodations are reasonable and do not impose an undue hardship on the employer, and provided the employee does not pose a direct threat to herself or others. To accomplish this, employers and employees must engage in the interactive process in good faith. And while there is no fixed deadline by which employers must complete that process, a recent decision from the Fifth Circuit Court of Appeals reinforces the need to move the process along in a timely fashion.
Case Background...
United States President Donald Trump has taken to social media to announce that South Africa will not be allowed to attend next year’s Group of 20 (G20) intergovernmental forum in Miami, Florida. ...