Reasonable Accommodation & Undue Hardship Assessment Service
Employment discrimination lawsuits based on a failure to reasonably accommodate under the Americans with Disabilities Act (ADA) and state law are on the rise. The EEOC has made it abundantly clear that employers have a duty to thoughtfully, thoroughly, and consistently assess each employee’s reasonable accommodation request on an individual basis. This is a complicated, fact-specific legal assessment to perform, and the stakes are high.
The ADA is a pitfall of liability... Do you need to provide the employee with reasonable accommodation as they request it? What if the doctor supports it? Do you have a compliant process in place so that you are in a good position to defend potential claims? What is legally considered an undue hardship?
We get it, and our ADA Reasonable Accommodation and Undue Hardship Assessment Service will create a compliant process—including all applicable forms —for your organization to follow. This service also includes an assessment of each individual reasonable accommodation request by our team of experienced employment lawyers.
This service will provide your organization with a complete process that will help you support your employees while remaining compliant and reducing liability. Your plan will include all of the compliant forms/letters that you need, including:
- a notice to employees regarding the organization’s ADA Open Door Policy;
- a review and edit of your existing handbook section relative to the ADA and interactive process, or the drafting of a new section to be included in your handbook (whichever is applicable);
- a letter to the employee explaining the need for more information to start the interactive process;
- an employee Informed Consent/Release form (to permit HR to dialogue with the primary care provider if necessary);
- a letter to the employee’s doctor;
- an undue hardship analysis template (for management and HR use);
- a template letter to the employee that their reasonable accommodation request has been approved or denied and the rationale why; and,
- an infographic on the interactive process.
All of our services are protected by attorney-client privilege and are indemnified.