ADA Accommodation in Missouri
Have an employee with rheumatoid arthritis who claims she needs to sit on a stool for certain periods of time. This is ok with us to an extent. However we want to know how long she needs to sit on it so we asked her doctor to tell us that in his note. He did not. If he will not specify, can we argue that this is an unreasonable accommodation. Also, if he specifies but it is for a period of time that will cause us hardship, do we have to comply? Is there a standard for when this becomes an unreasonable hardship?
Re: ADA Accommodation in Missouri
cbg, I agree with you 100%, this was just my assignment. She is a cashier. Her job duties also include sweeping, mopping, cleaning the bathrooms, etc. From what I can tell, rheumoatoid arthritis is a disability under the ADA and one which has unpredictable characteristics. I guess what it comes down to is that as long as she can still perform the essential functions of her job like sweeping and mopping, she can sit on the chair as long as she wants.
Re: ADA Accommodation in Missouri
Sounds like a plan to me. But be absolutely certain that the non-sitting duties really do qualify as essential functions before taking any further action if it proves to be an issue in the future.
Re: ADA Accommodation in Missouri
ADA is a federal law. You could research district court and appeals cases to learn more details about the law and its reach.
Statutes alone don't provide a great deal of guidance on the details.
Providing a stool is not a major accommodation. However, if the job duties include cleaning and other things, then the employee does need to be able to do those things. You don't have to employ someone who simply can't do the job.
However, it can be a mine field, so you want to follow the law and also have a good paper trail.