Graduate School of Management
Employment Law
The ADA was put in place to protect the rights and employment of individuals with a qualified diagnosed disability.In the ADA tutorial, Karina may be eligible for accommodations and to be protected under the ADA because she has met the two required conditions; she has met the qualifications to perform her job and she can perform her job duties with or without accommodations (EEOC, ADA, 2005). Once Karina provides the proper documentation, her case would need to be analyze for eligibility. If Karina’s documentation reveals her medical condition is life-long, and the medication to alleviate the condition has side-effects that would impact her from performing her job duties, …show more content…
Based on this information, I would let Karina that we would be able to discuss possible accommodations, but the company would require her to provide medical documentation to …show more content…
The ideal policy needs to be clearly explained to employees and that it is their responsibility to begin the interactive process with the HR department. Once the employee notifies the employer, the employer has the responsibility to listen to the problem the employee has and to understand the accommodations that are being asked by the employee. The employer can than decide if the request requires medical documentation. The policy should also let the employees know that if needed, it would be the employee’s responsibility to provide the necessary medical documentation in a timely fashion. The policy should inform the employee that it is the right of the employer to know the job duties that are being affected and to find an alternative solution for the employee to perform their job duties. The policy should also state the employer has the right to find alternative solutions and does not have to provide the specific accommodations requested by the employee if the requested accommodations have an undue hardship on the employer (Bennet et al., 2011, p.591). The policy should let the employee know that if they refuse any of the alternative accommodations, the employer has the right to deny their request and they will be forfeiting their right to be protected under the ADA (EEOC, ADA,