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Employer Gets to Choose ADA Reasonable Accommodation
August 1, 2014
Source: Business Management Daily
Sometimes, there are several ways to accommodate an employee with a disability. As long as the one the employer chooses is reasonable, the employee cannot claim an ADA violation.
Recent case: Elisa, a police officer, was allegedly sexually harassed and developed post-traumatic stress disorder. She was transferred to a monitoring unit, but got into an argument with a co-worker and was moved back to patrol duty. She claimed she could not serve as a patrol officer because of her medications and requested monitoring duty as a reasonable accommodation. Instead, the police department offered FMLA and other unpaid leave. She took FMLA and one additional leave, but refused a second leave.
She was discharged and sued, alleging failure to accommodate. The court said she had been accommodated with leave; her preference did not trump the accommodation choice of the department. (Diaz v. City of Philadelphia, No. 12-2593, 3rd Cir., 2014)
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