Skating through the minefield: keep your eyes on performance and you too can negotiate an ADA accommodation - Legal Trends - Americans with Disabiliti
An HR professional once re marked that engaging in the interactive process required by the Americans with Disabilities Act (ADA) feels like Rollerblading in a minefield--while blindfolded. That's an understandable sentiment, especially when the situation at hand involves an employee whose performance has dropped in ways that are difficult to measure.
This article presents an example of the difficult lines employers must sometimes draw when an employee's medical condition causes a drop-off in performance. This example is a composite of several real-life situations, some of which ended up in court and some of which were successfully resolved without litigation.
Analyzing this example in light of the ADA'S framework hopefully will assist HR professionals in navigating the interactive process while steering clear of the land mines.
Sam, the manager of the accounting department a mid- sized manufacturing company, has had a good career, receiving promotions and assuming greater responsibilities over time. However, things change dramatically following a diagnosis of diabetes. He begins to experience fatigue and other symptoms.
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