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Employers are accustomed to providing training on their
anti-harassment policies. However, training supervisors and
managers on ADA reasonable accommodation issues is equally
important. Often, supervisors and managers are the people to whom
employees go with "accommodation" requests. If these
supervisors and managers do not know how to recognize and respond
to reasonable accommodation requests, they could be improperly
denying such requests without even realizing they are doing so.
This could result in liability for the employer under the
ADA.Accordingly, it is very important to train all managers and
supervisors on ADA accommodations, including:
How to recognize an "accommodation" request,
including any request by an employee (or applicant) for a change in
policy or procedure or other assistance related to his or her
employment due to a medical condition.
What can and cannot be said to an employee requesting an
accommodation, including not telling the employee the accommodation
cannot be provided before the accommodation request is fully
evaluated.
The procedure for referring accommodation requests to human
resources or those responsible for processing the requests. If
supervisors and managers are responsible for actually processing
reasonable accommodation requests, they need detailed training as
to how to respond to such requests, including the need to engage in the interactive process
required by the ADA.
Policies and procedures to ensure the confidentiality of all
medical and other information received from an employee related to
an accommodation request.
Policies and procedures to ensure an employee who is provided
an accommodation is not mistreated by coworkers due to the
accommodation.
Policies and procedures to ensure that applicants for
employment have the same entitlement to reasonable accommodations
as employees.
Providing this essential training for your supervisors and
managers may help you reduce your liability exposure under the ADA
and state disability laws.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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