Failure to Accommodate

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!