Image by Gerd Altmann
Not to sound heartless, but sometimes operating a business requires making very difficult decisions, especially in having to say goodbye to an employee.
For example, if an employer has done everything feasible to help an employee but decides it’s necessary to end an ADA accommodation, there are vital precautions to take in order to avoid legal problems with the Americans with Disabilities Act, ada.gov.
It’s a risky proposition to end an ADA accommodation. It necessitates a company to follow the same process when denying an accommodation. And you should check with a qualified attorney.
A high number of ADA lawsuits result because the employer fails to show the accommodation has become an undue hardship on the organization.
If you’re in such a situation where you face a hardship from an accommodation – and decide you have to terminate an employee – you have to take proper steps.
Typical undue hardships
Not to oversimplify, here are typical reasons constituting an undue hardship:
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- You don’t have enough workers to do the work of your business.
- You shouldn’t allow one employee to pull others down. It’s an undue hardship if you have to transfer duties of an accommodated employee to other workers keeping them from doing their jobs effectively or the transfer of work puts an undue hardship on them.
- An accommodation causes you to fail in adequately serving your customers.
- An accommodated employee results in higher operational costs for technology or payroll.
It’s important to address the factors that have changed and document reasons justifying for denying an accommodation.
If a job description has changed, you must demonstrate that it’s the same for all workers doing that work. Failure to do so will enable the disabled employee to claim you’re disingenuous and creating an excuse for termination.
A final thought: Sometimes an accommodation isn’t feasible if a disabled employee’s health worsens. Your employee must request a new accommodation.
From the Coach’s Corner, here are related sources of information:
HR: Effectively Manage ADA Issues in Your Facilities — Disabled persons have had both valid and invalid complaints about the workplace. Such complaints primarily concern your facilities and human resources program. Here are strategies for you to consider.
Before You Fire Employees, Ask Yourself 3 Important Questions — Keep in mind that if you’re forced to terminate workers, there are normally three questions to ask yourself.
Avoid Video Conferencing When Terminating Employees — Many employers have found it necessary to terminate employees when they couldn’t do it in-person. But they’ve risked legal issues using video conferencing. Here are best practices.
If it’s Necessary to Fire Employee on FMLA, Here’s How … — Despite what might you have been told, you can discharge an employee while on leave for cause under the Family and Medical Leave Act. If you feel you must terminate such an employee, here are the guidelines.
Guidance to Save HR, Company Data and Documents — Help your lawyers to adroitly defend your business. Also, you’re less likely to suffer adverse rulings by a judge if opposing attorneys accuse you of altering or destroying documents.
Manager Beware – the Most Common EEOC Complaint — Appearances matter, especially if the Equal Employment Opportunity Commission considers you to be a hostile boss. Retaliation by management is the most-common source of EEOC action.
“Strong managers who make tough decisions to cut jobs provide the only true job security in today’s world. Weak managers are the problem. Weak managers destroy jobs.”
-Jack Welch
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