An employee requests accommodation for a back injury that limits heavy lifting. The employee can perform all other job duties. Under the ADA, what must the employer do?
Correct Answer
A) Engage in an interactive process to determine if reasonable accommodation is possible
The ADA requires employers to engage in an interactive process with the employee to determine if reasonable accommodations can be made that would allow the employee to perform essential job functions without undue hardship to the employer.
Why This Is the Correct Answer
The ADA requires employers to engage in an interactive process when an employee requests accommodation for a disability. This process involves good-faith dialogue between employer and employee to identify the employee's limitations, determine essential job functions, and explore potential reasonable accommodations. The employer must make reasonable accommodations unless it would cause undue hardship to the business. Since the employee can perform all other job duties except heavy lifting, the interactive process would explore alternatives like reassignment of lifting tasks, mechanical aids, or job restructuring.
Why the Other Options Are Wrong
Option B: Automatically approve any accommodation the employee requests
Requiring unpaid leave without exploring other accommodations violates the ADA. Leave should only be considered after determining that no other reasonable accommodations would allow the employee to perform essential job functions, and it should be part of the interactive process discussion.
Option C: Terminate the employee because they cannot perform essential job functions
This violates ADA requirements by immediately terminating without exploring accommodations. Heavy lifting may not be an essential function if the employee can perform all other duties, and even if it is essential, reasonable accommodations might eliminate the need for the employee to lift heavy items.
Memory Technique
Think 'ADA = Always Discuss Accommodations' - never make unilateral decisions without the interactive process first.
Reference Hint
Florida Building Code - Chapter 11 Accessibility, or ADA Compliance sections in construction law references
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