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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

z

Disability

physical or mental impairment that

substantially limits a major life

activity

a record of such impairment

being regarded as having such an

impairment

z

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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+

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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 + Ritterkgoold@keglerbrown.comkeglerbrown.com/goold614.462.5479

@KaileeGoold

linkedin.com/in/kaileegoold