ACCOMMODATION

Topics: Americans with Disabilities Act of 1990, Employment, Disability Pages: 14 (3317 words) Published: September 27, 2014


DISCLAIMER
This material is based upon work supported by Brenau HR Consultation Professionals. Any opinions, findings, conclusions, or recommendations are those of the authors and do not reflect the views of Brenau HR Consultation Professionals, its employees or its administration.

TABLE OF CONTENTS

I. Introduction4

A. BHRCP – Disclaimer2
B. BHRCP – About US4
C. Purpose4
D. Engineer Job Responsibilities5

II. Circumstantial 5 A. Engineer’s Specific Occupation 5 B. Engineer’s Health Issues6

III. ABC’s Dilemma 6

IV. Employment Regulations7
A. Laws to Consider7
B. American Disabilities Act (ADA)10
C. Burden of Proof11

V. Recommendations12

VII. Conclusion 13

VIII. References & Acknowledgements14

INTRODUCTION
BHRCP - ABOUT US
Brenau Human Resource Consultation Professional (BHRCP), is a full service human resources management consulting and professional services firm headquartered in Atlanta, Georgia. Our work is grounded in innovation, thought leadership, and performance excellence as we work in collaboration with clients to recruit, develop professionally, and retain employees. Our mission is to help ensure that each client’s workplace transforms from experiencing “good results” to achieving “great results.” Committed to an approach where the core of our values is customer service focused, we will help you get the right people in the right positions doing the right things to result in more successful outcomes. We are an Equal Opportunity Employer (Stallings 2010). PURPOSE

Able-Bodied Company (ABC) has contracted with BHRCP to provide HR/Legal options, ethical obligations, and recommendations to a specific problem involving an engineer who has recently been experiencing long distance blurred vision. The engineer is under a doctor’s care and has communicated that this is a temporary problem until the proper levels of medication are applied. ABC has a concern regarding the engineer’s ability to continue to perform the job duties required for an engineering position. The report will include the identification of specific U.S. employment laws, legal/ethical rights, legal compliance, reasonable accommodations of disability, and work-life solutions in conjunction with the Equal Employment Opportunity Commission (EEOC), American Disability Act (ADA), Occupational Safety and Health Act (OSHA), and Family Medical Leave Act (FMLA). In compliance with employment law, the engineer’s name will not be disclosed in this document and will be referred to as Engineer J (EJ).

ENGINEERING JOB RESPONSIBILITIES (Wolfe, 2014)
Able-Bodied Company (ABC) is a pharmaceutical company that sells and maintains blood chemistry analyzers (standard lab equipment found in hospitals and doctor’s offices). The engineering position requires highly specialized set of skills that are necessary to troubleshoot blood analyzers and their computer, chemistry and hematology backgrounds, and computer skills to deal with hardware and occasional software problems. The engineering position also requires good eyesight because the engineer must be able to clearly see (and read) tiny electrical and mechanical components in the analyzers and computers and perform an “eyeball” test on several of the chemicals used in the analyzers. Engineers typically work in hospitals or laboratories at night, where the demand for the analyzer is at its lowest and the analyzer can be taken offline. Engineers work long hours and determine their own schedules based on the analyzers’ routine preventive maintenance schedules and client calls reporting that a machine is down or malfunctioning. Engineers are required to travel...


References: ENGINEERING JOB RESPONSIBILITIES (Wolfe, 2014)
Able-Bodied Company (ABC) is a pharmaceutical company that sells and maintains blood chemistry analyzers (standard lab equipment found in hospitals and doctor’s offices)
CIRCUMSTANTIAL (Wolfe, 2014)
ENGINEER’S SPECIFIC OCCUPATION
U. S. Equal Employment Opportunity Commission, EEOC, (2012). Enforcement Guidance:
Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities
Walsh, D.J. (2013). Employment Laws for Human Resource Practice (4th ed.). Mason, OH:
Cengage Learning, South-Western
Wolfe, Barry (2014). Accommodations, Brenau University, 1402_HR737_D2X Assignments
https://brenau.instructure.com/courses/1183124/assignments/4816480
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