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Reasonable Accomodation for IC?
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Reasonable Accomodation for IC?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We are trying to hire an IC to work at a client site. They have disclosed to us that they have a disability that hinders them from being able to sit at a desk for long periods of time. Do we need to d
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Forums » Topic Forums » Legal Forum » Reasonable Accomodation for IC?
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Reasonable Accomodation for IC?
posted at 6/17/2011 5:39 AM EDT
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Posts: 58
First: 12/1/2006 Last: 9/2/2011 |
We are trying to hire an IC to work at a client site. They have disclosed to us that they have a disability that hinders them from being able to sit at a desk for long periods of time. Do we need to disclose this to our client? Do we need to offer reasonable accommodation? |
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Reasonable Accomodation for IC?
posted at 6/17/2011 7:51 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
http://www.eeoc.gov/policy/docs/conting.html
I suggest reading this carefully -- especially under "coverage issues".... I am also going to suggest that if you deny ADA coverage because of an IC status, you have ALL your ducks in a row, including legal opinions prior to doing so. It's going to come down to the exact details of the IC/employee relationship. No two will be alike. And I will say that from everything I have read, the standards under the IRS and DOL for ICs have gotten tougher and they are more likely to lean in the favor of it being an employment relationship if it is a gray area. |
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