THE ADAS INTERACTIVE PROCESS FOR DETERMINING REASONABLE ACCOMMODATION- HOW MUCH INTERACTION IS ENOUGH

Citation
Ha. Simon et Aj. Morbey, THE ADAS INTERACTIVE PROCESS FOR DETERMINING REASONABLE ACCOMMODATION- HOW MUCH INTERACTION IS ENOUGH, Employee relations law journal, 24(1), 1998, pp. 5-34
Citations number
NO
Categorie Soggetti
Industrial Relations & Labor",Law
ISSN journal
00988898
Volume
24
Issue
1
Year of publication
1998
Pages
5 - 34
Database
ISI
SICI code
0098-8898(1998)24:1<5:TAIPFD>2.0.ZU;2-F
Abstract
The Americans with Disabilities Act has opened doors for thousands of disabled workers by requiring employers to provide reasonable accommod ations for their disabilities. The intent of the Act is very clear-to provide increased employment opportunities for individuals with disabi lities. However, the requirements of the Act are far from clear regard ing an employer's obligations in determining whether a reasonable acco mmodation exists. Although the EEOC suggests that the employee and emp loyer engage in an ''interactive process,'' neither the EEOC nor the A DA assign responsibility when this process breaks down. This article a nalyzes the conflicting court interpretations of the employer's role a nd obligations in the reasonable accommodation ''interactive process. '' It also offers practical steps employers can tab in structuring and participating in that process.