The word disability has a very broad meaning under the ADA, and conditions you would not think are disabilities can lead to costly lawsuits if an employer does not have a policy to properly handle ADA Accommodation requests by employees. Believe it or not, an appellate court has held an employer liable for not allowing an employee with a sleep disorder to show up to work late every day. However, not all accommodations are required.
The most important thing for an employer to do when faced with an ADA Accommodation request is to follow the right process and procedure, but the employer needs to have and disseminate a written ADA Policy, in advance, to truly protect themselves. Big, and small, employers are regularly sued for failure to accommodate employees under the ADA. Protect yourself today with a written ADA policy, and training as to how to properly use it, call Joshua Sheskin at the Ft. Lauderdale Headquarters of Lubell Rosen.
