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Reasonable Accommodation for Probationary Employees?

by The Human Equation, Inc. on 10/13/2010
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Does the Americans with Disabilities Act (ADA) require me to provide a reasonable accommodation for a probationary employee who qualifies as an individual with a disability?

Yes. The ADA prohibits private employers from discriminating against a qualified individual with a disability. One way the ADA combats such discrimination is by requiring employers with 15 or more employees to make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability, unless doing so would impose an undue hardship on the operation of the employer’s business. Although many employers classify new employees as probationary for a specific time (typically 90 days), the ADA makes no such distinction. Accordingly, the ADA’s reasonable accommodation requirement applies to all qualified employees, regardless of how long ago they were hired or whether they are considered probationary employees.

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