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An Agency publishes a process for reasonable accommodation. It says in part first there must be notification of the presence of a disability, then there must be an interactive process to determine how to accommodate it, and for record keeping purposes the employee must file a 373 DM 15 that basically describes the disability and suggests accommodation. In this case the Agency denies the requested accommodation, offers an ineffective substitute, does not enter into the interactive process and does not have the employee fill out the 373 DM 15. My question is: If the Agency did not follow its own regulations for reasonable accommodation and did not complete the process, did a reasonable accommodation occur?
Optional Information: State/Country relating to question: Nevada Already Tried: Have done extensive research on the Internet.
The fact that they didn't follow their own procedures does not automatically mean there was not a reasonable accommodation. It could be evidence that they didn't truly try to accommodate the disability but it is not dispositive on its own.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Employment Law Expert