Employers have a lot of leeway when it comes to requiring employees to follow their preferred procedures. However, one New York employer recently found out that some policies simply aren’t worth the cost.
Silvercrest Center for Nursing and Rehabilitation recently paid $25,000 to settle a case brought by the EEOC on behalf of an employee under the American’s with Disabilities Act (ADA).
A nursing assistant, with a back injury, requested medical leave by submitting a letter from her doctor. However, Silvercrest refused to accept it because she failed to submit it on a particular Silvercrest form. Rather than engaging with her to determine if a reasonable accommodation was possible, she was terminated.
Standardized forms and strict policies can make life easier for employers in many areas of their business. But whenever those procedures get in the way of an employee exercising his or her rights, the dangers outweigh the benefits.
As an employer, it is important to respond to employee requests under the ADA and to engage in a meaningful exchange to determine what accommodations an employee needs to perform the essential functions of the job. Sometimes both parties find there is an easy, reasonable solution. If accommodations seem unreasonable, it’s best to consult an ADA attorney to get specific advice, tailored to the unique situation.
If you have questions about your obligations under the ADA, contact a Minneapolis employment lawyer with LeBlanc Law & Mediation at 612-819-9652.
