The Disabled Workforce
Evaluating Accommodations with Supervisor/Co-Worker Restrictions
@Work Magazine, November 2023
Rachel Shaw, Principal Consultant, Founder, Shaw HR Consulting
Psychological issues related to an employee’s ability to work with a certain person or supervisor can represent a true disability. It may entitle an employee to leave or accommodations covered under the federal Family and Medical Leave Act.
However, accommodations other than temporary leave are typically not reasonable under the Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAAA).1 This means an employer would not be required to consider transfers or staffing changes for co-workers or supervisors as an accommodation.
So what do you do when an employee brings in a note from a healthcare provider that states, “No working with Rachel Shaw”?
Almost all mental disabilities are covered under the ADA, so your organization must engage in an interactive process with the employee to determine reasonable accommodations that, if implemented, would help the employee fully and safely perform the job even with a disability.
Learn how to customize medical questionnaire questions for co-worker issues related to disability and read the whole article here in the Member Portal. Membership is free.
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