reasonable accommodations for disabilities + religion
TRANSCRIPT
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Reasonable Accommodations for Disabilities + Religion
presented by Kailee GooldOhio State Bar Association
December 9, 2014
What You Do + Don’t Have to Do
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+
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ADAAA Refresher
Religion
Final Comments
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Prohibits Discrimination
Failure to engage in interactive
process
Failure to provide reasonable
accommodations
Costly Liability
Compensatory +punitive damages
Front + back pay, reinstatement
attorneys fees
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Disability
physical or mental impairment that
substantially limits a major life
activity
a record of such impairment
being regarded as having such an
impairment
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Major life activities
Episodic or in remission
Temporary conditions
Mitigating measures
ADAAA Game Changers
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Shift Your Focus
Is this employee disabled?
How can this employee do this job with an accommodation?
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Identify when duty is triggered
Engage with the employee
Choose + maintain a reasonable
accommodation
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employee “requests”
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Trying the ostrich defense
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Accommodation “requests”
Personnel files
(FMLA, WC)
Employee
behaviorAbsences
Performance Issues
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Failure to document, document, document
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Identify when duty is triggered
Engage with the employee
Choose + maintain a reasonable
accommodation
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Informal dialogue to figure out if you can accommodate
the employee
Closely scrutinized
The
Inte
ract
ive
Proc
ess
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How can I help you do
your job?
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Three Questions
What are the essential functions of this job?
What is the impairment?
What are the specific limitations?
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Job Description
Employee Agrees
Unclear essential functions
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Staying dazed + confused
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Get the information you need!
Company
Medical Request
Employee
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Nothing you can
or should
do
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Identify when duty is triggered
Engage with employee
Choose + maintain
reasonable accommodation
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Accommodation = Change
Make facilities accessible
Restructure non-essential functions
Acquire + modify equipment
Modify schedules
Modify policies
Leave
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Excuses ≠ legal defenses
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+ Eliminating essential functions+ Creating a job+ Bumping + Indefinite leave
NOT Reasonable:
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Undue hardship (extremely rare)
“significant difficulty”
Health + Safety
“direct threat”
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Short-term memory
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Religious ACCOMMODATIONS
under Title VII
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Covered Entities
Employers
Employment agencies
Unions
Costly Liability
Compensatory +punitive damages
Front + back pay, reinstatement
Attorneys fees
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sincerely held religious beliefs
when requested
unless undue hardship
Employers MUST accommodate
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“that’s not a religion”
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Religions
Need not be recognized, accepted or logical
Need not have any/many members
Moral or ethical beliefs as to right + wrong
Concern ultimate ideas about life, purpose, death
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NOT Religion
Social Political Economic
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How can the conflict be
eliminated?
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Modify schedules
Shift Swaps
Alter job tasks
Modify policies
Accommodation = Change
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more than de minimis cost on business operation
Undue Hardship
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Undue Hardship
Health + safety
Law conflict
Diminishes efficiency of others
Infringes employees’
rights
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NOT Undue Hardship
Coworker complaints
Involuntary shift swaps
Customer preference
Pass on employer programs
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Follow Through
Proper implementation
Follow-up
Document
Rinse + repeat if needed
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Connect +Stay Informed
Kailee GooldKegler Brown Hill + [email protected]/goold614.462.5479
@KaileeGoold
linkedin.com/in/kaileegoold