As the COVID-19 (Delta variant) concerns continue, employees are inundating employers with accommodation requests under the Americans with Disabilities Act (ADA). These requests must be handled on an individual case-by-case basis.
There may be several reasons why employers are seeing an increase in accommodation requests.
Which Includes:
- Concerns about exposure to COVID-19 (Delta variant)
- The convenience of working from home
- The unavailability or cost of childcare
Assess Accommodation Requests
Employers must evaluate each employee request on an individual case-by-case basis.
Evaluate requests based on factors such as:
- The type of accommodation requested.
- The job position.
- The duration of the request.
- Whether the requested accommodation would sufficiently mitigate a direct threat to the workplace.
- Whether the requested accommodation would create an undue burden on the business.
Employers should explain the difference between reasonable accommodation requests that are directly related to a medical condition or personal health, and those that are not.
Author(s)
Stuart J. Oberman, Esq.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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