Unnecessary accommodation under the Americans with Disabilities Act could turn into necessary accommodation, according to Julie Furer Stahr of Schiff Hardin. She says the firm recently represented an employer in an Equal Employment Opportunity Commission mediation.
The employee had lifting restrictions and filed a charge against the company after he was terminated. A year earlier he told the company about his restrictions, but the essential functions of his job required regularly lifting weight that exceeded them, says Stahr. There were no other available positions for him. “Nonetheless, the company chose to find work for this employee to do, and continued to employ him for about a year in a ‘make-work’ capacity,” she says.
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