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Nov 8
Reasonable Accommodations

The following is not meant to be legal advice.

 

On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals.

 

There are debates on what is reasonable when determining reasonable accommodations for someone who may be considered disabled.  If it is an unlikely hardship on the employer, it is not unreasonable.  The bigger the employer, the less likely accommodations will be considered a hardship. 

Example:  As an accommodation, an employee may be put on a part time schedule.  If the employee works only part time, the employer only has to pay the person part time.  For the bigger company, after looking at the position, duties, the part time schedule may not impact the business when the person is out. 

 

The employer ultimately decides on the accommodations.  The employee may make suggestions.  The employer is able to ask the employer questions on his/her limitations, but not the reasons why.  For example, the person is able to stand only four hours.  The employer is not able to ask whether the person has leg issues.

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