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
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