Attorneys are noticing an increase in failure to accommodate cases. What is “failure to accommodate”? It is the lack of appropriate action by an employer to assist an employee with a disability, by providing resources or alternatives, to reasonably perform their job. This can include mental health as well as physical limitations. Why now? Short answer, COVID-19. Employees with pre-existing conditions who can work remotely should be allowed to work remotely if they request to do so. A reasonable accommodation can go beyond ergonomic keyboards, it can include WFH alternatives or personal leaves. If you need help assessing reasonable accommodations for your employees, please reach out to us!
