Académique Documents
Professionnel Documents
Culture Documents
Mitigating measures
and
Direct threat
Interactive Process
y Plain English
y Oral or written
y Requests “on behalf of” count
y Informal process
y Medical documentation
y Reasonable ≠ preferred
y Timing of response
Exemplar Accommodations
y Job restructuring
y Modified or part-time schedule
y Modified workplace policies
y Reassignment
y Telecommuting
y Assistive technology
y Leaves of absence
Beware Medical Leaves
Undue Hardship
y Nature and cost
y Type of operation
y Impact of accommodation
Tying It Together
Takeaways
y Reasonable
accommodation
policy
y Manager &
Supervisor
Training
“Regarded As” Disability
“Regarded As” Disability
1. Definition of “Regarded As”
y Meeting the “regarded as” standard does not mean that the
entity has discriminated against the individual
y Just means that the person is an individual with a
disability entitled to the protections of the ADA
y Person still needs to be qualified for the job
y Can perform the essential functions of the job
y Entity may have a defense such as direct threat or where
action was required by another federal law (e.g., a law
prohibiting a person with certain impairments from
holding certain jobs)
y Individual must still prove that entity engaged in unlawful
discrimination under ADA; 6th Circuit “but for” standard
“Regarded As” Disability
6. “Regarded As” Hypothetical
FMLA WORKERS’
COMPENSATION
Why is the Interaction Between These
Laws Important?
y The majority of unscheduled and scheduled absences
are related to the illness of employees or their family
members. One, both, or all three of these laws may be
involved.
y The FMLA sets minimum leave standards for employees for the birth
and newborn care of a child, placement of a child for adoption or
foster care, to care for an immediate family member with a serious
health condition, and for the employee’s serious health condition.