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Ear Problems as ADA reasonable accommodation?
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Ear Problems as ADA reasonable accommodation?
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We recently had an employee book a direct flight rather than one with some stops. At the time, we didn't have a travel policy in place (which we now do) so the he didn't go through our travel agent wh
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Forums » Topic Forums » Legal Forum » Ear Problems as ADA reasonable accommodation?
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Ear Problems as ADA reasonable accommodation?
posted at 2/24/2010 7:34 AM EST
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Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
We recently had an employee book a direct flight rather than one with some stops. At the time, we didn't have a travel policy in place (which we now do) so the he didn't go through our travel agent who would have flagged this. He had been told verbally to use the most economical flight which is also now written in the policy.
When asked why the flight was so costly by accounting who was reviewing his expenses, he said that he had an ear problem and couldn't take more than one flight a day. He didn't let us know prior to the trip that he had a problem with this. Are we within our rights to require him to provide med. certification of his problem? Otherwise, how will we know that it is okay for him to travel once a day with the condition? Would this be an ADA issue requiring reasonable accommodation? Also, since he will be doing more and more traveling as we expand, can I notify the owners that are sending him out that this is an issue so that they can determine if he is the best employee to do this traveling in order to limit liability and cost or would this be considered discrimination? I am assuming that the confidentiality issue is not a problem since the owners and his manager all discuss the expansion plans and would need this information. Thank you for any information you can provide. |
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Ear Problems as ADA reasonable accommodation?
posted at 2/24/2010 7:50 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
I would first ask him for something from his doctor confirming his ear problem and documenting his abilities vis a vis flying. Only when you have that in hand can you even begin to think about things like accommodation etc. |
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Ear Problems as ADA reasonable accommodation?
posted at 2/24/2010 8:31 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I agree that you should ask for more medical documentation. It is possible that this could fall under FMLA if he needs timeoff for it also.
"The ADA makes it unlawful to discriminate in all employment practices such as:...job assignments..." per the EEOC so you need to be very very careful if this condition truly does fall under ADA. Not putting him on assignments that have travel involved could stifle his growth potential at the company, etc. But I am not so sure that it does just based on what you have stated so far. "A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working." I don't see where it says mode of travel. And also it has to be a reasonable accommodation that doesn't cost the employer "undue hardship" -- significantly difficult or unreasonable expense. So I think you would need to calculate the cost of straight nonstop flights vs flights that stop including how often his job will require that he travel. It's harder to argue if it is only 1-2 times per year...versus 1-2 times per month! You also might find that something like GOTOMeetings might be a much better reasonable accommodation than the increased cost of non-stop flights. By the way, the reasonable accommodation doesn't have to be one that he suggests, just one that works. For example, you could require him to leave the night before and make the first leg of the trip that night...and the next in the morning. Definitely get more information from his doctor. Then I would pass it by an employment/labor law attorney if you are still unsure. |
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Ear Problems as ADA reasonable accommodation?
posted at 2/24/2010 8:40 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Interesting court case to read: http://ftp.resource.org/courts.gov/c/F3/213/213.F3d.25.98-1910.html
It has to do with an airline employee having ear problems and whether it was a disability and what accommodations the airline had or didn't have to provide. One point the court made was that the hearing/ear problems were temporary...so that is definitely something to ask in the medical findings. Like I said, an interesting read on how the courts viewed whether her situation was even a disability. |
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