The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to perform the essential job functions with or without a reasonable accommodation. Once an employee discloses the need for a reasonable accommodation, an employer must undergo an interactive process with the individual to assess the potential solution. The duty to accommodate and engage in the interactive process with the employee is ongoing and isn’t exhausted by one effort. While an employee can’t demand a particular accommodation when several are available, once a solution is decided upon, the employer must follow through. Read on to find out what happened when one Arizona company failed to do so.
