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Reasonable Accomodation for IC?
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Reasonable Accomodation for IC?
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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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Reasonable Accomodation for IC?

posted at 6/17/2011 5:39 AM EDT
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
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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Reasonable Accomodation for IC?

posted at 6/17/2011 9:01 AM EDT
Posts: 58
First: 12/1/2006
Last: 9/2/2011
Thank you.
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Reasonable Accomodation for IC?

posted at 6/17/2011 10:58 AM EDT
Posts: 32
First: 1/31/2011
Last: 9/13/2011
Hi:
State-based disability protections should be considered as well.

Dave Arnold, Ph.D., J.D.
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