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Learning Disabilities and ADA
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Learning Disabilities and ADA
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We have an exempt employee who we have some serious disciplinary problems with. Before I started with this company, they had put her on probation. When this happened, she claimed that she had a learni
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Forums » Topic Forums » Legal Forum » Learning Disabilities and ADA
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Learning Disabilities and ADA
posted at 7/15/1999 6:57 PM EDT
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Posts: 11
First: 7/15/1999 Last: 2/14/2000 |
We have an exempt employee who we have some serious disciplinary problems with. Before I started with this company, they had put her on probation. When this happened, she claimed that she had a learning disability and asked for a reasonable accomodation. My fear is that if we ever terminated her, she would sue us. If not on this issue, on a religious bias basis. Is an LD covered by the ADA? If so, how can we protect ourselves from liability? |
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Learning Disabilities and ADA
posted at 7/15/1999 9:07 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Whether a person has a disability for purposes of the ADA is highly fact-specific. An individual can have a disability if they have a mental impairment that substantially limits a major life activity; has a record of such an impairment; or is regarded as having such an impairment. State laws may differ in some respects. I can refer you to some published cases regarding learning disabilities generally, if you are interested.
Only if a person has a disability, and is otherwise qualified with or without a reasonable accomodation to perform the essential functions of a position, does the obligation to provide a reasonable accomodation arise. To the extent that your employee has "serious disciplinary problems" there is an issue has to whether they are otherwise qualified. Again,this is highly fact specific, and will require a close look at your particular employee's situation. |
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Learning Disabilities and ADA
posted at 7/15/1999 11:25 PM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
If the employee is claiming a disability and requesting a reasonable accommodation to perform the essential duties of the job, then in order to avoid liability you need to make an assessment of whether or not the employee is ADA-qualified, and if so, what if any reasonable accommodations would be needed to allow the employee to perform those essential duties (assuming no undue hardship issue for employer). Reasonable accommodations are suppose to be effective. There's more to consider. You don't state what the "disciplinary" problems are, if they are connected to a claimed disability (I assume the employee is at least claiming that), what reasonable accommodations were requested, and what the company did. EEOC will hold the company in violation of ADA if it failed to act on the employee's request for reasonable accommodation. That doesn't mean that the employee is ADA-qualified or that a particualr accommodaiton has to be given, but that the company FAILED to meet its legal obligation to make the ADA eligibility assessment in the first place. If after determining ADA eligibility, you determine she isn't ADA-qualified, then you needn't give reasonable accommodation (at least under that law). If she is ADA-qualified, then you need to assess what accommodations are reasonable, "do-able", and effective. This may take several tries. The whole process needs to be a good faith, interactive process between the employee and the employer. That's what EEOC will look for. |
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Learning Disabilities and ADA
posted at 7/15/1999 11:49 PM EDT
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Posts: 11
First: 7/15/1999 Last: 2/14/2000 |
The employee's performance problems could be seen as related to her Learning Disability. She claims that she must read things in order to comprehend and remember. Some of the problems with her involved her not following company policies or the expressed wishes of her supervisor. She also seems to have ADD, although that has never been said. She cannot concentrate on one item for too long.
The reasonable accomodations that were offered to her included the promise that everything would be given to her in writing. If we have any sort of training, there is always a great deal of written documentation for her. We have also redesigned her position so that it is more clearly defined, hoping to assist with her ADD. |
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