Page 230 - Washington Nonprofit Handbook 2018 Edition
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• The overall financial resources, size, number of employees, and type
and location of facilities of the employer (if the facility involved in the
reasonable accommodation is part of a larger entity);
• The type of operation of the employer, including the structure and
functions of the workforce, the geographic separateness, and the
administrative or fiscal relationship of the facility involved in making
the accommodation to the employer; and
• The impact of the accommodation on the operation of the facility.
See 42 U.S.C. section 12111(10)(B) (1994); 29 C.F.R. section 1630.2(p)(2) (1997).
These factors are important in the nonprofit arena because of the often-limited
resources of nonprofit employers.
Common mistakes in the accommodation process include:
• Failing to follow up whenever the employee makes known a condition
that is affecting his or her ability to perform the job. There is no
requirement that the employee use the term “disability” or make a
formal request for “accommodation.”
• Not asking the employee for medical confirmation of the condition.
• Failing to maintain accurate job descriptions that describe all essential
functions and other requirements of the job.
• Failing to analyze job requirements.
• Making snap judgments about an employee’s condition and/or
limitations. Decisions on accommodation should be the result of
dialogue with the employee and careful consideration of medical
information.
• Not asking the applicant or the employee (and his or her health care
provider) for suggestions on reasonable accommodation. The
reasonable accommodation process is an interactive process.
• Failing to include a human resources staff person in the process (if the
organization has such resources).
WASHINGTON NONPROFIT HANDBOOK -219- 2018