The reasonable accommodation provision of Title I of the ADAAA is the one of the three most active enforcement areas of the law.

Posted on Thu, Oct 03, 2013 @ 12:53 PM

When injury, disability, or anger keeps a worker from being productive, we have a “case”. Roy describes a step-by-step model for using such tools as reasonable accommodation and essential function analysis to avoid and to resolve potentially difficult and costly work-related pre-disability and post-injury cases.

An Emerging RTW Decision Model

  • Set safe medical restrictions based on medical knowledge of the worker
  • If unsure of safe abilities or compliance issues, refer for Return-to-Work (RTW) medical examination to determine safe ability to perform PDEF
  • Referring to essential function job analysis and RTW medical examination compare safe abilities to the demands of the essential function of the job
  • Consult with employer’s reasonable accommodation (RA) advisor or RA data base for remediation opportunities
  • Communicate safe medical restrictions and match or mismatch of safe abilities to the demands of essential functions of the job to employer for RA remediation planning and Return-to-Work decision.